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UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00032195874 

This  book  must  n 
be  taken  from  tl- 
Library  building. 


ANNUAL     MESSAGES, 


VETO    MESSAGES, 


21)  H?^  /Tnl  ^ 


2 


&c. 


OF 


ANDREW    JACKSON, 


PRESIDENT   OP   THE    UNITED    STATES. 


SECOND  EDITION. 


BALTIMORE: 
EDWARD  J.  eOALE  &  GO* 

1835. 


CONTENTS. 


Page 


Inaugural  Address,      \  delivered         March  4,  1829, 

Annual  Message  to  Congress,  communicated  December     8,  1829, 


Veto  Message, 

Annual  Message  to  Congress, 

do.  do. 

do.  do. 

Proclamation, 
Message  to  Congress, 
Inaugural  Address, 
Cabinet  Paper, 
Annual  Message, 
Veto  of  the  Land  Bill, 
Annual  Message, 
Veto  of  the  Bank  BilC 
Protest, 


«  May            27,  1830, 

«     '  December      7,  1830, 

«  December      6,  1831, 

«  December      4,  1832, 

issued  December     10,  1832, 

communicated  January       16,  1833, 

delivered  March           4,  1833, 

read  September  18,  1833, 

communicated  December     3,     " 

«  "           2,     1834, 

«  July           10,     1832, 

April  15,     1834, 


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248 


INAUGURAL  ADDRESS 


OF  THE  PRESIDENT  OF  THE  UNITED  STATES 


MARCH    4,    1829. 


Felloto  Citizens: 

About  to  undertake  the  arduous  duties  that  I  have  been  appointed  to 
perform,  bv  the  choice  of  a  free  people,  I  avail  myself  of  this  customa- 
ry and  solemn  occasion,  to  express  the  gratitude  which  their  confidence 
inspires,  and  to  acknowledge  the  accountability  which  my  situation  en- 
joins. While  the  magnitude  of  their  interests  convinces  me  that  no  thanks 
can  be  adequate  to  the  honor  they  have  conferred,  it  admonishes  me  that 
the  best  return  I  can  make,  is  the  zealous  dedication  of  my  humble  abili- 
ties to  their  service  and  their  good. 

As  the  instrument  of  the  federal  constitution,  it  will  devolve  upon  ine, 
for  a  stated  period,  to  execute  the  laws  of  the  United  States;  to  superin- 
tend their  foreign  and  confederate  relations;  to  manage  their  revenue;  to 
command  their  forces;  and,  by  communications  to  the  legislature,  to 
watch  over  and  to  promote  their  interests  generally.  And  the  principles 
of  action  by  which  I  shall  endeavor  to  accomplish  this  circle  of  duties,  it 
is  now  proper  for  me  briefly  to  explain.  •      •      *u 

In  administering  the  laws  of  congress,  I  shall  keep  steadily  m  view  the 
limitations  as  well  as  the  extent  of  the  executive  power,  trusting  thereby 
to  discharge  the  functions  of  my  office,  without  transcending  its  authori- 
ty. With  foreign  nations  it  will  be  my  study  to  preserve  peace,  and  to 
cultivate  friendship  on  fair  and  honorable  terms;  and,  in  the  adjustment 
of  any  difference  that  may  exist  or  arise,  to  exhibit  the  forbearance  be- 
coming a  powerful  nation,  rather  than  the  sensibility  belonging  to  a  gal- 
lant people.  .  J      4U 

In  such  measures  as  I  may  be  called  on  to  pursue,  in  regard  to  tne 
rights  of  the  separate  states,  I  hope  to  be  animated  by  a  proper  respect 
for  those  sovereign  members  of  our  union;  taking  care  not  to  confound 
the  powers  they  have  reserved  to  themselves,  with  those  they  have 
granted  to  the  confederacy. 

The  management  of  the  public  revenue— that  searching  operation  in 
all  governments— is  among  the  most  delicate  and  important  trusts  in  oui  s; 
and  it  will,  of  course,  demand  no  inconsiderable  share  of  my  official  soli- 


1829.]  3 

citude.  Under  evp-ry  aspect  in  which  it  can  be  considered,  it  would  ap- 
Dcar  that  advantage  must  result  from  the  observance  of  a  strict  and  faith- 
ful economy.  This  I  shall  aim  at  the  more  anxiously,  both  because  it 
will  facilitate  the  extinguishment  ot  the  national  debt — the  unnecessary 
juration  of  which  is  incompatible  with  real  independence — and  because 
it  will  counteract  that  tendency  to  public  and  private  profligacy,  which 
a  profuse  expenditure  of  money  by  the  government,  is  but  too  apt  to  en- 
gender. Powerful  auxiliaries  to  the  attainment  of  this  desirable  end,  are 
to  be  found  in  the  regulations  provided  by  the  wisdom  of  congress,  for 
the  specific  appropriation  of  public  money,  and  the  prompt  accountabili- 
ty of  public  officers. 

With  regard  to  a  proper  selection  of  the  subjects  ot  impost,  with  a 
view  to  revenue,  it  would  seem  to  me  that  the  spirit  of  equity,  caution, 
and  compromise;  in  which  the  constitution  was  formed,  requires  that  the 
great  interests  of  agriculture,  commerce,  and  manufactures,  should  be 
equally  favored;  and  that,  perhaps,  the  only  exception  to  this  rule,  should 
consist  in  the  peculiar  encouragement  of  any  products  of  either  of  them 
that  may  be  found  essential  to  our  national  independence. 

Internal  improvement,  and  the  diflusion  of  knowledge,  so  far  as  they 
can  be  promoted  by  the  constitutional  acts  of  the  federal  government, 
are  of  high  importance. 

Considering  standing  armies  as  dangerous  to  free  governments,  in  time 
of  peace,  I  shall  not  seek  to  enlarge  our  present  establishment,  nor  dis- 
regard that  salutary  lesson  of  political  experience  which  teaches  that  the 
military  should  be  held  subordinate  to  the  civil  power.  The  gradual  in- 
crease of  cur  navy,  whose  flag  has  displayed,  in  distant  climes,  our  skill 
in  navigation,  and  our  fame  in  arms;  the  preservation  of  our  forts,  arse- 
nals, and  dock-yards;  and  the  introduction  of  progressive  improvements 
in  the  discipline  and  science  of  both  branches  of  our  military  service,  are 
so  plainly  prescribed  by  prudence,  that  I  should  be  excused  for  omitting 
their  mention  sooner  than  enlarging  on  their  importance.  But  the  bul- 
wark of  our  defence  is  the  national  militia,  which,  in  the  present  state 
of  our  intelligence  and  population,  must  render  us  invincible.  As  long 
as  our  government  is  administered  for  the  good  of  the  people,  and  is 
regulated  by  their  will;  as  long  as  it  secures  to  us  the  rights  of  person 
and  of  property,  liberty  of  conscience,  and  of  the  press,  it  will  be  worth 
defending;  and  so  long  as  it  is  worth  defending,  a  patriotic  militia  will 
cover  it  with  an  impenetrable  cegis.  Partial  injuries  and  occasional  mor- 
tifications we  may  be  subjected  to,  but  a  million  of  armed  freemen  pos- 
sessed of  the  means  of  war,  can  never  be  conquered  by  a  foreign  foe. 
To  any  just  system,  therefore,  calculated  to  strengthen  this  natural  safe- 
guard of  the  country,  I  shall  cheerfully  lend  all  the  aid  in  my  power. 

It  will  be  my  sincere  and  constant  desire,  to  observe  towards  the  In- 
dian tribes  within  our  limits,  a  just  and  liberal  policy;  and  to  give  that  hu- 
mane and  considerate  attention  to  their  rights  and  their  wants,  which  are 
consistent  with  the  habits  of  our  government  and  the  feelings  of  our  people. 
The  recent  demonstration  of  public  sentiment  inscribes,  on  the  list  of 
executive  duties,  in  characters  too  legible  to  be  overlooked,  the  task  of 
reform;  which  v/ill  require,  particularly,  the  correction  of  those  abuses 


4  [March 

that  have  brought  the  patronage  of  the  federal  government  into  conflict 
with  the  freedom  of  elections,  and  the  counteraction  of  those  causes  which 
have  disturbed  the  rightful  course  of  appointment,  and  have  placed,  or 
continued  power  in,  unfaithful  or  incompetent  hands. 

In  the  performance  of  a  task  thus  generally  delineated,  I  shall  endea- 
vor to  select  men  whose  diligence  and  talents  will  ensure,  in  their  re- 
spective stations,  able  and  faithful  co-operation — depending  for  the  ad- 
vancement of  the  public  service,  more  on  the  integrity  and  zeal  of  the 
public  otiicers,  than  on  their  numbers. 

A  diffidence,  perhaps  too  just,  in  n^y  own  qualifications  will  teach  me 
to  look  with  reverence  to  the  examples  of  public  virtue  left  by  my  illus- 
trious predecessors,  and  with  veneration  to  the  lights  that  flow  from  the 
mind  that  founded,  and  the  mind  that  reformed,  our  system.  The  same 
diffidence  induces  me  to  hope  for  instruction  and  aid  from  the  co-ordinate 
branches  of  the  government,  and  for  the  indulgence  and  support  of  my 
fellow-citizens  generally.  And  a  firm  reliance  on  the  goodness  of  that 
Power  whose  providence  mercifully  protected  our  national  infancy,  and 
has  since  upheld  our  liberties  in  various  vicissitudes,  encourages  me  to 
offer  up  my  ardent  supplications  that  he  will  continue  to  make  our  belov- 
ed country  the  object  of  his  divine  care  and  gracious  benediction. 


HP 


MESSAGE   TO   CONGRESS. 


Coiiiiiiusiicated  BeceMslber  8,  1839. 


Fellow  citizens  of  the  Senate 

and  of  the  House  of  Representatives: 

It  affords  me  pleasure  to  tender  my  friendly  greetings  to  you  on  the 
occasion  of  your  assembling  at  the  seat  of  government,  to  enter  upon  ihe 
important  duties  to  which  you  have  been  called  by  the  voice  of  our 
countrymen.  The  task  devolves  on  me,  under  a  provision  of  the  consti- 
tution, to  present  to  you,  as  the  federal  legislature  of  twenty- four  sove- 
reign states,  and  twelve  millions  of  happy  people,  a  vieiv  of  our  affairs; 
and  to  propose  such  measures  as,  in  the  discharge  of  my  official  functions, 
have  suggested  themselves  as  necessary  to  promote  the  objects  of  our 
union. 

In  communicating  with  you  for  the  first  time,  it  is,  to  me,  a  source  of 
unfeigned  satisfaction,  calling  for  mutual  gratulation  and  devout  thanks 
to  a  benign  Providence,  that  we  are  at  peace  with  ail  mankind;  and  that 
our  country  exhibits  the  most  cheering  evidence  of  general  welfare  and 
progressive  improvement.  Turning  our  eyes  to  other  nations,  our  great 
desire  is  to  see  our  brethren  of  the  human  race  secured  in  the  blessings  en- 
joyed by  ourselves,  and  advancing  in  knowledge,  in  freedom,  and  in  social 
happiness.  ' 

Our  foreign  relations,  although  in  their  general  character  pacific  and 
friendly,  present  subjects  of  diHerence  beuveen  us  and  other  powers,  of 
deep  interest,  as  well  to  the  country  at  large  as  to  many  of  our  citizens. 
To  affect  an  adjustment  of  these  shall  continue  to  be  the  object  of  my 
earnest  endeavors;  and  notwithstandmg  the  difficulties  of  the  task,  I  do 
not  allow  myselt  to  apprehend  unfavorable  results.  Blessed  as  our  coun- 
try is,  with  evei'y  thing  which  constitutes  national  strength,  she  is  fully 
adequate  to  the  maintenance  of  all  her  inteiests.  In  discharging  the  re- 
sponsible trust  confided  to  the  executive  in  this  respect,  it  is  my  settled  pur- 
pose to  ask  nothing  that  is  not  clearly  right,  and  to  submit  to  nothing  that 
is  wrong;  and  I  flatter  myself,  that,  supported  by  the  other  branches  of 
the  government,  and  by  the  intelligence  and  patriotism  of  the  people,  we 


6  [December, 

shall  be  able,  under  the  protection  of  Providence,  to  cause  all  our  just 
rights  to  be  respected. 

Of  the  unsettled  matters'between  the  U.  States  and  other  powers,  the 
most  prominent  are  those  \vl)ich  have,  for  years,  been  the  subject  of  ne- 
gotiation with  En'^land,  France  and  Spain.  The  kte  periods  at  which 
our  minis; ers  to  those  governments  left  the  U.  States,  render  it  impossi- 
ble, at  this  early  day,  to  hiforni  you  of  what  has  been  done  on  the  sub- 
jects with  which  they  have  been  respectively  charged.  Relying  upon 
the  justice  of  our  views  in  relation  to  the  points  committed  to  negotia- 
tion, and  the  reciprocal  good  feeling  which  characterizes  our  intercourse 
with  those  nations,  we  have  the  best  reason  to  hope  for  a  satisfactory  ad- 
justment of  existing  differences. 

With  Great  Britain,  alike  distinguished  in  peace  and  war,  we  may- 
look  forward  to  years  of  peaceful,  honorable,  and  elevated  competition. 
Every  thing  in  the  condition  and  history  of  tlie  two  nations  is  calculated 
to  inspire  sentiments  of  mutual  respect,  and  to  carry  conviction  to  the 
minds  of  both,  that  it  is  their  policy  to  preserve  the  most  cordial  rela- 
tions: Such  are  my  own  views,  and  it  is  not  to  be  doubted  that  such  are 
also  the  prevailing  sentiments  of  our  constituents.  Although  neither  time 
nor  opportunity  has  been  afforded  for  a  full  development  of  the  policy 
which  the  present  cabinet  of  Great  Britain  designs  to  pursue  towards 
this  country,  I  indulge  the  hope  tliat  it  will  be  of  a  just  and  pacific  char- 
acter; and  if  this  anticipation  be  realized,  we  may  look  with  confidence 
to  a  speedy  and  acceptable  adjustment  of  our  affairs. 

Under  the  convention  for  regulating  the  reference  to  arbitration  of  tl"»e 
disputed  points  of  boundary  under  the  fifth  article  of  the  treaty  of  Ghent, 
the  proceedings  have  hitherto  been  conducted  in  that  spirit  of  candor  and 
liberality  which  ought  ever  to  characterise  the  acts  of  sovereign  states, 
seeking  to  adjust,  by  the  most  unexceptionable  means,  important  and  deli- 
cate subjects  of  contention. — The  first  statements  of  the  parties  have 
been  exchanged,  and  the  final  replication,  on  our  part,  is  in  a  course  of 
preparation.  This  subject  has  received  the  attention  demanded  by  its 
great  and  peculiar  importance  to  a  patriotic  member  of  this  confederacy. 
The  exposition  of  our  rights,  already  made,  is  such,  as,  from  the  high 
reputation  of  the  commissioners  by  whom  it  has  been  prepared,  we  had 
a  right  to  expect.  Our  interest  at  the  court  of  the  sovereign  who  has 
evinced  his  friendly  disposition,  by  assuming  the  delicate  task  of  arbitra- 
tion, have  been  committed  to  a  citizen  of  the  state  of  Maine,  whose  cha- 
racter, talents,  and  intimate  acquaintance  with  thS  subject,  eminently 
qualify  him  for  so  responsible  a  trust.  With  full  confidence  in  the  justice 
of  our  cause,  and  in  the  probity,  intelligence,  and  uncompromising  inde- 
pendence of  the  illustrious  arbitrator,  we  can  have  nothing  to  apprehend 
irom  the  result. 

From  France,  our  ancient  ally,  we  have  a  right  to  expect  that  justice 
which  becomes  the  sovereign  of  a  powerful,  intelligent  and  magnani- 
mous people.  The  beneficial  effects  produced  by  the  commercial  con- 
vention of  1822^  limited  as  are  its  provisions,  are  too  obvious  not  to 
make  a  salutary  impression  upon  the  minds  of  those  who  are  charged 
with  the  administration  of  her  government. — Should  this  result  induce  a 


1829.]  7 

disposition  to  embrace,  to  their  full  extent,  the  wholesome  principles 
which  constitute  our  commercial  policy,  our  minister  to  that  court  will 
be  found  instructed  to  cherish  such  a  disposition,  and  to  aid  in  conducting 
it  to  useful  practical  conclusions.  The  claims  of  our  citizens  for  depre- 
dations upon  their  property,  long  since  committed  under  the  authority, 
and,  in  many  instances,  by  the  express  direction,  of  the  then  existing  go- 
vernment of  France,  remain  unsatisfied;  and  must,  therefore,  continue  to 
furnish  a  subject  of  unpleasant  discussion,  and  possible  collision,  between 
the  two  governments.  I  cherish,  however,  a  lively  hope,  founded  as 
well  on  the  validity  of  those  claims,  and  the  established  policy  of  all  en- 
lightened governments,  as  on  the  known  integrity  of  the  French  mon- 
arch, that  the  injurious  delays  of  the  past  will  find  redress  in  the  equity 
of  the  future.  Our  minister  has  been  instructed  to  press  these  demands 
on  the  French  government  with  all  the  earnestness  which  is  called  for  by 
their  importance  and  irrefutable  justice;  and  in  a  spirit  that  will  evince 
the  respect  which  is  due  to  the  feelings  of  those  from  whom  the  satisfac- 
tion is  required. 

Our  minister  recently  appointed  to  Spain  has  been  authorised  to  assist 
in  removing  evils  alike  injurious  to  both  countries,  either  by  concluding 
a  commercial  convention,  upon  liberal  and  reciprocal  terms;  or  by  urging 
the  acceptance,  in  their  full  extent,  of  the  mutually  beneficial  provisions 
of  our  navigation  acts.  He  has  also  been  instructed  to  make  a  further 
appeal  to  the  justice  of  Spain;  in  behalf  of  our  citizens,  for  indemnity 
for  spoliations  upon  our  commerce,  committed  under  her  authority— an 
appeal  which  the  pacific  and  liberal  course  observed  on  our  part,  and  a 
due  confidence  in  the  honor  of  that  government,  authorize  us  to  expect 
will  not  be  made  in  vain. 

With  other  European  powers,  our  intercourse  is  on  the  most  friendly 
footing.     In  Russia,  placed  by  her  territorial  limits,  extensive  popula- 
tion, and  great  power,  high  in  the  rank  of  nations,  the  United  States  have 
always  found  a  steadfast  friend.     Although  her  recent  invasion  of  Tur- 
key awakened  a  lively  sympathy  for  those  who  were  exposed  to  the  deso- 
lations of  war,  we  cannot  but  anticipate  that  the  result  will  prove  favora- 
ble to  the  cause  of  civilization,  and  to  the  progress  of  human  happiness. 
The  treaty  of  peace  between  these  powers  having  been  ratified,  we  can- 
not be  insensible  to  the  great  benefit  to  be   derived  by  the  commerce  of 
the  United  States,  from  unlocking  the  navigation  of  the  Black  Sea— a  free 
passage  into  which  is  secured  to  all  merchant  vessels  bound  to  ports  of 
Russia  under  a  flag  at  peace  with  the  Porte.     This  advantage,  enjoyed 
upon  conditions,  by  most  of  the  powers  of  Europe,  has  hitherto  been 
withheld  from  us.     During  the  past  summer,  an  antecedent,  but  unsuc- 
cessful attempt  to  obtain  it,  was  renewed  under  circumstances  which  pro- 
mised the  most  favorable  results.     Although  these  results  have  fortunate- 
ly been  thus  in  part  attained,  further  facilities  to  the  enjoyment  of  this 
new  field  for  the  enterprize  of  our  citizens  are,  in  my  opinion,  sufficient- 
ly desirable  to  ensure  to  them  our  most  zealous  attention. 

Our  trade  with  Austria,  although  of  secondary  importance,  has  been 
gradually  increasing;  and  is  now  so  extended,  as  to  deserve  the  fostering 
care  of  the  government.     A  negotiation,  commenced  and  nearly  complet- 


8     \.  [December, 

ed  with  that  power,  by  the  late  administration,  has  been  consummated  by 
a  treaty  of  amity,  navigation  and  commerce,  which  will  be  laid  before 
the  senate. 

During  the  recess  of  congress,  our  diplomatic  relations  with  Portugal 
have  been  resumed.  The  peculiar  state  of  things  in  that  country,  caused 
a  suspension  of  the  recognition  of  the  representative  who  presented  him- 
self, until  an  opportunity  was  had  to  obtain  from  our  official  organ  there, 
information  regarding  the  actual,  and,  as  far  as  practicable,  prospective 
condition  of  the  authority  by  whicli  the  representative  in  question  was 
appointed. — This  information  being  received,  the  application  of  the  es- 
tablished rule  of  our  government,  in  like  cases,  was  no  longer  withheld. 
Considerable  advances  have  been  made,  during  the  present  year,  in 
the  adjustment  of  claims  of  our  citizens  upon  Denmark  for  spoliations; 
but  all  that  we  have  a  right  to  demand  from  that  government,  in  their  be- 
half, has  not  yet  been  conceded.  From  the  liberal  footing,  however, 
upon  which  this  subject  has,  with  the  approbation  of  the  claimants,  been 
placed  by  the  government,  together  with  the  uniformly  just  and  friendly 
disposition  which  has  been  evinced  by  his  Danish  majesty,  there  is  a  rea- 
sonable ground  to  hope  that  this  single  subject  of  dillerence  will  speedily 
be  removed. 

Our  relations  with  the  Barbary  powers  continue,  as  they  have  long 
been,  of  the  most  favorable  character.  The  policy  of  keeping  an  ade- 
quate force  in  the  Mediterranean,  as  security  for  the  continuance  of  this 
tranquillity,  will  be  persevered  in;  as  well  as  a  similar  one  for  the  protec- 
tion of  our  commerce  and  fisheries  in  the  Pacific. 

The  southern  republics,  of  our  own  hemisphere,  have  not  yet  realised 
all  the  advantages  for  which  they  have  been  so  long  struggling.  We 
trust,  however,  that  the  day  is  not  distant,  when  the  restoration  of  peace 
and  internal  quiet,  under  permanent  systems  of  government,  securing 
the  liberty,  and  promoting  the  happiness  of  the  citizens,  will  crown,  with 
complete  success,  their  long  and  arduous  eftbrts  in  the  cause  of  self-go- 
vernment, and  enable  us  to  salute  them  as  friendly  rivals  in  all  that  is 
truly  great  and  glorious. 

The  recent  invasion  of  Mexico,  and  the  effect  thereby  produced  upon 
her  domestic  policy,  must  have  a  controlling  influence  upon  the  great 
question  of  South  American  emancipation.  We  have  seen  the  fell  spirit 
of  civil  dissension  rebuked,  and,  perliaps,  forever  stifled  in  that  republic, 
by  the  love  of  independence.  If  it  be  true,  as  appearances  strongly  indi- 
cate, that  the  spirit  of  independence  is  the  master  spirit,  and  if  a  corres- 
ponding sentiment  prevail  in  the  other  states,  this  devotion  to  liberty 
cannot  be  without  a  proper  effect  upon  the  counsels  of  the  mother  coun- 
try. The  adoption,  by  Spain,  of  a  pacific  policy  towards  her  former 
colonies — an  event  consoling  to  humanity,  and  a  blessing  to  the  world,  in 
which  she  herself  cannot  fail  largely  to  participate — may  be  most  reasona- 
bly expected. 

The  claims  of  our  citizens  upon  the  South  American  governments, 
generally,  are  in  a  train  of  settlement;  while  the  principal  part  of  those 
upon  Brazil  have  been  adjusted,  and  a  decree  in  council,  ordering  bonds 
to  be  issued  by  the  minister  of  the  treasury  for  their  amount,  has  receiv- 


1829.]  9 

ed  the  sanction  of  his  imperial  majesty.  This  event,  together  with  the 
exchange  of  the  ratifications  of  the  treaty  negotiated  and  concluded  in 
1828,  happily  terminates  all  serious  causes  of  difference  with  that  power. 

Measures  have  been  taken  to  place  our  commercial  relations  with  Peru 
upon  a  better  footing  than  that  upon  which  they  have  hitherto  rested,  and 
if  met  by  a  proper  disposition  on  the  part  of  that  government,  important 
benefits  may  be  secured  to  both  countries. 

Deeply  interested  as  we  are  in  the  prosperity  of  our  sister  republics, 
and  more  particularly  in  that  of  our  immediate  neighbor,  it  would  be 
most  gratifying  to  me,  were  1  permitted  to  say,  that  the  treatment  which 
we  have  received  at  her  hands  has  been  as  universally  friendly  as  the 
early  and  constant  solicitude  manifested  by  the  United  States  for  her  suc- 
cess, gave  us  a  right  to  expect.  But  it  becomes  my  duty  to  inform  you 
that  prejudices,  long  indulged  by  a  portion  of  the  inhabitants  of  Mexico 
against  the  envoy  extraordinary  and  minister  plenipotentiary  of  the  Unit- 
ed States,  have  had  an  unfortunate  influence  upon  the  affairs  of  the  two 
countries,  and  have  diminished  that  usefulness  to  its  own  which  was  just- 
ly to  be  expected  from  his  talents  and  zeal.  To  this  cause,  in  a  great 
degree,  is  to  be  imputed  the  failure  of  several  measures  equally  interest- 
ing to  both  parties;  but  particularly  that  of  the  Mexican  government  to 
ratify  a  treaty  negotiated  and  concluded  in  its  own  capital  and  under  its 
own  eye.  Under  these  ciicumstances,  it  appeared  expedient  to  give  to 
Mr.  Poinsett  the  option  either  to  return  or  not,  as,  in  his  judgment, 
the  interest  of  his  country  might  require,  and  instructions  to  that  end  were 
prepared;  but,  before  they  couldbe  despatched,  a  communication  was  re- 
ceived from  the  government  of  Mexico,  through  its  charged'affairs  here, 
requesting  the  recall  of  our  minister.  This  was  promptly  complied  with; 
and  a  representative  of  a  rank  corresponding  with  that  of  the  Mexican 
diplomatic  agent  near  this  government  was  appointed.  Our  conduct  to- 
wards that  republic  has  been  uniformly  of  the  most  friendly  character; 
and  having  thus  removed  the  only  alleged  obstacle  to  harmonious  inter- 
course, I  cannot  but  hope  that  an  advantageous  change  will  occur  in  our 
affairs. 

Injustice  to  Mr.  Poinsett,  it  is  proper  to  say,  that  my  immediate  com- 
pliance with  the  application  for  his  recall,  and  the  appointment  of  his 
successor,  are  not  to  be  ascribed  to  any  evidence  that  the  imputation  of 
an  improper  interference  by  him,  in  the  local  politics  of  Mexico,  was 
well  founded,  nor  to  a  want  of  confidence  in  his  talents  or  integrity;  and 
to  add,  that  the  truth  of  that  charge  has  never  been  affirmed  by  the  fed- 
eral government  of  Mexico,  in  its  communication  with  this. 

I  consider  it  one  of  the  most  urgent  of  my  duties  to  bring  to  your  at- 
tention the  propriety  of  amending  that  part  of  our  constitution  w^hich  re- 
lates to  the  election  of  president  and  vice  president.  Our  system  of  go- 
vernment was,  by  its  framers,  deemed  an  experiment;  and  they,  there- 
fore, consistently  provided  a  mode  of  remedying  its  defects. 

To  the  people  belongs  the  right  of  electing  their  chief  magistrate;  it 
was  never  designed  that  their  choice  should,  in  any  case,  be  defeated, 
either  by  the  intervention  of  electoral  colleges,  or  by  the  agency  confided, 
under  certain  contingencies,  to  the  house  of  representatives.     Experi- 


10  [December, 

ence  proves,  tliat,  in  proportion  as  agents  to  execute  the  will  of  the  peo- 
ple are  multiplied,  there  is  danger  of  their  wishes  being  frustrated.  Some 
may  be  unfaithful:  all  are  liable  to  err.  So  far,  therefore,  as  the  people 
can,  with  convenience,  speak,  it  is  safer  for  them  to  express  their  own 
will. 

The  number  of  aspirants  to  the  presidency,  and  the  diversity  of  the 
interest  which  may  influence  their  claims,  leave  little  reason  to  expect  a 
choice  in  the  first  instance:  and,  in  that  event,  the  election  must  devolve 
on  the  house  of  representatives,  where,  it  is  obvious,  the  will  of  the  peo- 
ple may  not  be  always  ascertained;  or,  if  ascertained,  may  not  be  re- 
garded. From  the  mode  of  voting  by  states,  the  choice  is  to  be  made  by 
twenty-four  votes:  and  it  may  often  occur,  that  one  of  these  may  be  con- 
trolled by  an  individual  representative.  Honors  and  offices  are  at  the  dis- 
posal of  the  successful  candidate.  Repeated  ballotings  may  make  it  ap- 
parent that  a  single  individual  holds  the  cast  in  his  hand.  May  he  not  be 
tempted  to  name  his  reward?  But  even  without  corruption — supposing 
the  probity  of  the  representative  to  be  proof  against  the  powerful  mo- 
tives by  which  he  may  be  assailed — the  will  of  the  people  is  still  con- 
stantly liable  to  be  misrepresented.  One  may  err  from  ignorance  of  the 
wishes  of  his  constituents;  another,  from  a  conviction  that  it  is  his  duty 
to  be  governed  by  his  own  judgment  of  the  fitness  of  the  candidates: 
finally,  although  all  were  inflexibly  honest — all  accurately  informed  of  the 
wishes  of  their  constituents — yet,  under  the  present  mode  of  election,  a 
minority  may  often  elect  a  president;  and  when  this  happens,  it  may  rea- 
sonably be  expected  that  efforts  will  be  made  on  the  part  of  the  majority 
to  rectify  this  injurious  operation  of  their  institutions.  But  although  no 
evil  of  this  character  should  result  from  such  a  perversion  of  the  first 
principle  of  our  system — that  the  majority  is  to  govern — it  must 
be  very  certain  that  a  president  elected  by  a  minority  cannot  enjoy  the 
confidence  necessary  to  the  successful  discharge  of  his  duties. 

In  this,  as  in  all  other  matters  of  public  concern,  policy  requires  that 
as  few  impediments  as  possible  should  exist  to  the  free  operation  of  the 
public  will.  Let  us,  tlien,  endeavor  so  to  amend  our  system,  that  the  of- 
fice of  chief  magistrate  may  not  be  conferred  upon  any  citizen  but  in 
pursuance  of  a  fair  expression  of  the  will  of  the  majority. 

I  would  therefore  recommend  such  an  amendment  of  the  constitution 
as  may  remove  all  intermediate  agency  in  the  election  of  president  and 
yice  president.  The  mode  may  be  so  regulated  as  to  preserve  to  each 
state  its  present  relative  weight  in  the  election;  and  a  failure  in  the  first 
attempt  may  be  provided  for,  by  confining  the  second  to  a  choice  be- 
tween the  two  highest  candidates.  In  connexion  with  such  an  amend- 
ment, it  would  seem  advisable  to  limit  the  service  of  the  chief  magistrate 
to  a  single  term,  of  either  four  or  six  years.  If,  however,  it  should  not  be 
adopted,  it  is  worthy  of  consideration  whether  a  provision  disqualifying 
for  office  the  representatives  in  congress  on  whom  such  an  election  may 
have  devolved,  would  not  be  proper. 

While  members  of  congress  can  be  constitutionally  appointed  to  of- 
fices of  trust  and  profit,  it  will  be  the  practice,  even  under  the  most  con- 
scientious adherence  to  duty,  to  select  them  for  such  stations  as  they  are 


1829.]  11 

believed  to  be  better  qualified  to  fill  than  other  citizens;  but  the  purity 
of  our  government  would  doubtless  be  promoted  by  their  exclusion  from 
all  appointments  in  the  gilt  of  the  president  in  whose  election  they  may 
have  been  officially  concerned.  The  nature  of  the  judicial  office, 
and  the  necessity  of  securing  in  the  cabinet  and  in  diplomatic  stations  of 
the  highest  rank,  the  best  talents  and  political  experience,  should,  per- 
haps, except  these  from  the  exclusion. 

There  are  perhaps  few  men  who  can  for  any  great  length  of  time  en- 
joy office  and  power,  without  being  more  or  less  under  the  influence  of 
feelings  unfavorable  to  a  faithful  discharge  of  their  public  duties.  Their 
integrity  may  be  proof  against  improper  considerations  immediately  ad- 
dressed to  themselves;  but  they  are  apt  to  acquire  a  habit  of  looking 
with  indifference  upon  the  public  interests,  and  of  tolerating  conduct  from 
which  an  unpractised  man  would  revolt.  Office  is  considered  as  a  spe- 
cies of  property;  and  government,  rather  as  a  means  of  promoting  indi- 
vidual interests,  than  as  an  instrument  created  solely  for  the  service  of 
the  people.  Corruption  jn  some,  and  in  others,  a  perversion  of  correct 
feelings  and  principles,  divert  government  from  its  legitimate  ends,  and 
make  it  an  engine  for  the  support  of  the  few  at  the  expense  of  the  many. 
The  duties  of  all  public  officers  are,  or,  at  least,  admit  of  being  made  so 
plain  and  simple,  that  men  of  intelligence  may  readily  qualify  themselves 
for  their  performance;  and  I  cannot  but  believe  that  more  is  lost  by  the 
long  continuance  of  men  in  office,  than  is  generally  to  be  gained  by  their 
experience.  I  submit  therefore  to  your  consideration,  whether  the  effi- 
ciency of  the  government  would  not  be  promoted,  and  official  industry 
and  integrity  better  secured,  by  a  general  extension  of  the  law  which 
limits  appointments  to  four  years. 

In  a  country  \vhere  offices  are  created  solely  for  the  benefit  of  the  peo- 
ple, no  one  man  has  any  more  intrinsic  right  to  official  station  than  ano- 
ther. Offices  were  not  established  to  give  support  to  particular  men,  at 
the  public  expense.  No  individual  wrong  is  therefore  done  by  removal, 
since  neither  appomtment  to,  nor  continuance  in  office,  is  matter  of  right. 
The  incumbent  became  an  officer  with  a  view  to  public  benefits;  and 
when  these  require  his  removal,  they  are  not  to  be  sacrificed  to  private 
interests.  It  is  the  people,  ard  they  alone,  who  have  a  right  to  com- 
plain, when  a  bad  otficer  is  substituted  for  a  good  one.  He  who  is  re- 
moved has  the  same  means  of  obtaining  a  living,  that  are  enjoyed  by  the 
millions  who  never  held  office.  The  proposed  limitation  would  destroy 
the  idea  of  property,  now  so  generally  connected  with  official  station; 
and  although  individual  distress  may  be  sometimes  produced,  it  would, 
by  promoting  that  rotation  which  constitutes  a  leading  principle  in  the 
republican  creed,  give  healthful  action  to  the  system. 

No  very  considerable  change  has  occurred,  during  the  recess  of  con- 
gress, in  the  condition  of  either  our  agriculture,  commerce  or  manufac- 
tures. The  operation  of  the  tariff  has  not  proved  so  injurious  to  the  two 
former,  or  as  beneficial  to  the  latter,  as  was  anticipated.  Importations  o[ 
foreign  goods  have  not  been  sensibly  diminished;  while  domestic  com- 
petition under  an  illusive  excitement  has  increased  the  production  much 
beyond  the  demand  for  home  consumption.     The  consequences  have  been 


12  [December, 

low  prices,  temporary  embarrassment,  and  partial  loss.  That  such  of 
our  manufacturinij  establishments  as  are  based  upon  capital,  and  are  pru- 
dently managed,  will  survive  the  shock,  and  be  ultimately  profitable, 
there  is  no  good  reason  to  doubt. 

To  regulate  its  conduct,  so  as  to  promote  equally  the  prosperity  of 
these  three  cardinal  interests,  is  one  of  the  most  difficult  tasks  of  go- 
vernment; and  it  may  be  regretted  that  the  complicated  restrictions 
which  now  embarrass  the  intercourse  of  nations,  could  not  by  common 
consent  be  abolished,  and  commerce  allowed  to  flow  in  those  channels 
to  which  individual  enterprise — always  its  surest  guide — might  direct  it. 
But  we  must  ever  expect  selfish  legislation  in  other  nations;  and  are 
therefore  compelled  to  adapt  our  own  to  their  regulations,  in  the  manner 
best  calculated  to  avoid  serious  injury,  and  to  harmonize  the  conflicting 
interests  of  our  agriculture,  our  commerce,  and  our  manufactures.  Under 
these  impressions,  I  invite  your  attention  to  the  existing  tariff,  believing 
that  some  of  its  provisions  require  modification. 

The  general  rule  to  be  applied  in  graduating  the  duties  upon  articles 
of  foreign  growth  or  manut"acture,  is  that  which  will  place  our  own  in 
fair  competition  with  those  of  other  countries;  and  the  inducements  to 
advance  even  a  step  beyond  this  point,  are  controlling  in  regard  to  those 
articles  which  are  of  primary  necessity  in  time  of  war.  When  we  re- 
flect upon  the  difficulty  and  delicacy  of  this  operation,  it  is  important 
that  it  should  never  be  attempted  but  with  the  utmost  caution.  Frequent 
legislation  in  regard  to  any  branch  of  industry,  affecting  its  value,  and  by 
which  its  capital  may  be  transferred  to  new  channels,  must  always  be 
productive  of  hazardous  speculation  and  loss. 

In  deliberating,  therefore,  on  these  interesting  subjects,  local  feelings 
and  prejudices  should  be  merged  in  the  patriotic  determination  to  pro- 
mote the  great  interests  of  the  whole.  All  attempts  to  connect  them  with 
the  oarty  conflicts  of  the  day  are  necessarily  injurious,  and  should  be  dis- 
countenanced. Our  action  upon  them  should  be  under  the  control  of 
hio"her  and  purer  motives.  Legislation,  subjected  to  such  influences,  can 
never  be  just;  and  will  not  long  retain  the  sanction  of  a  people,  whose 
active  patriotism  is  not  bounded  by  sectional  limits,  nor  insensible  to  that 
spirit  of  concession  and  forbearance,  which  gave  life  to  our  political  com- 
pact, and  still  sustains  it.  Discarding  all  calculations  of  political  ascen- 
dancy, the  north,  the  south,  the  east,  and  the  west,  should  unite  in  di- 
minishing any  burthen,  of  which  either  may  justly  complain. 

The  agricultural  interests  of  our  country  is  so  essentially  connected 
with  every  otiier,  and  so  superior  in  importance  to  them  all,  that   it  is 
scarcely  necessary  to  invite  to  it  your  particular  attention.     It  is  princi- 
pally as  manufactures  and  commerce  tend  to  increase  the  value  of  agri- 
cultural productions,  and  to  extend  tlieir  application  to  the  wants  and 
comforts  of  society,  that  they  deserve  the  fostering  care  of  government. 
Looking  forward  to  the  period,  not  far  distant,  when  a  sinking  fund 
will  no  longer  be  required,  the  duties  on  those  articles  of  importation 
which  cannot  come  in  competition  with  our  own  productions,  are  tiie 
first  that  should  engage  the  attention  of  congress  in  the  modification  of 
the  tariff.     Of  these,  tea  and  coffee  are  the  most  prominent:  they  enter 


1829.]  13 

largely  into  the  consumption  of  the  country,  and  liave  become  articles  of 
necessity  to  all  classes.     A  reduction,  therefore,  of  the  existing  duties 
will  be  felt  as  a  common  benefit;  but,  like  all  other  legislation  connected 
with  commerce,  to  be  efficacious,  and  not  injurious,  it  should  be  gradual 
and  certain 

The  public  prosperity  is  evinced  in  the  increased  revenue  arising  from 
the  sales  of  the  public  lands;  and  in  the  steady  maintenance  of  that  pro- 
duced  by  imposts  and  tonnage,  notwithstanding  the  additional  duties  im- 
posed by  the  act  of  19th  May,  1828,  and  the  unusual  importations  in  the 
early  part  of  that  year. 

^  The  balance  in  the  treasury  on  the  1  st  of  January,  1 829,  was  five  millions  > 
nine  hundred  and  seventy-two  thousand  four  hundred  and  thirty-five  dol- 
lars and  eighty-one  cents.  The  receipts  of  the  current  year  are  estimat- 
ed at  twenty-four  millions  six  hundred  and  two  thousand  two  hundred  and 
thirty  dollars,  and  the  expenditures  for  the  same  time  at  twenty-six  mill- 
ions one  hundred  and  sixty-four  thousand  five  hundred  and  ninety-five 
dollars;  leaving  a  balance  in  the  treasury,  on  the  1st  of  January  next,  of 
four  millions  four  hundred  and  ten  thousand  and  seventy  dollars  and 
eighty-one  cents. 

There  will  have  been  paid,  on  account  of  the  public  debt,  during  ihe 
present  year,  the  sum  of  twelve  millions  four  hundred  and  five  thousand 
and  five  dollars  and  eighty  cents;  reducing  the  whole  debt  of  the  go- 
vernment, on  the  first  of  January  next,  to  forty-eight  millions  five  . 
hundred  and  sixty-five  thousand  four  hundred  and  six  dollars  and  fifty 
cents,  including  seven  millions  of  five  per  cent,  stock,  subscribed  to  the 
bank  of  the  United  States.  The  payment  on  account  of  the  public  debt, 
made  on  the  first  of  July  last,  was  eight  millions  seven  hundred  and  fif- 
teen thousand  four  hundred  and  sixty-two  dollars  and  eighty-seven  cents. 
It  was  apprehended  that  the  sudden  withdrawal  of  so  large  a  sum  from 
the  banks  in  which  it  was  deposited,  at  a  time  of  unusual  pressure  in  the 
money  market,  might  cause  much  injury  to  the  interests  dependent  on 
bank  accommodation.  But  this  evil  was  wholly  averted  by  an  early  an- 
ticipation of  it  at  the  treasury,  aided  by  the  judicious  arrangements  of 
the  officers  of  the  bank  of  the  United  States. 

This  state  of  the  finances  exhibits  the  resources  of  the  nation  in  an  as- 
pect highly  flattering  to  its  industry;  and  auspicious  of  the  ability  of  o-q- 
vernment,  in  a  very  short  time,  to  extinguish  the  public  debt.  When 
this  shall  be  done,  our  population  will  be  relieved  from  a  considerable 
portion  of  its  present  burthens;  and  will  find,  not  only  new  motives  to  pa- 
triotic affection,  but  additional  means  for  the  display  of  individual  enter- 
prise. The  fiscal  power  of  the  states  will  also  be  increased;  and  may 
be  more  extensively  exerted  in  favor  of  education  and  other  public  ob- 
jects:  while  ample  means  will  remain  in  the  federal  government  to  pro- 
mote the  general  weal,  in  all  the  modes  permitted  to  ks  authority. 

After  the  extinction  of  the  public  debt,  it  is  not  probable  that  any  adjust- 
ment of  the  tariff,  upon  principles  satisfactory  to  the  people  of  the  Union, 
will,  until  a  remote  period,  if  ever,  leave  the  government  without  a  con- 
siderable surplus  in  the  treasury,  beyond  what  may  be  required  for  its 


14  [December^ 

current  service.  As  then  the  period  approaches  when  the  application  of 
the  revenue  to  the  payment  of  debt  will  cease,  the  disposition  of  the  sur- 
plus will  present  a  subject  for  the  serious  deliberation  uf  consrress;  and  it 
may  be  fortunate  for  the  country  that  it  is  yet  to  be  decided.  Considered 
in  connexion  with  the  difficulties  which  have  heretofore  attended  appro- 
priations for  purposes  of  internal  improvement;  and  with  those  which  this 
experience  tells  us  will  certainly  arise,  whenever  power  over  such  sub- 
jects may  be  exercised  by  the  general  government;  it  is  hoped  that  it 
may  lead  to  the  adoption  of  some  plan  winch  will  reconcile  the  diversified 
interests  of  the  states,  and  strengthen  the  bonds  which  unite  them.  Every 
member  of  the  union,  in  peace  and  in  war,  will  be  benefitted  by  the  im- 
provement of  inland  navigation  and  the  construction  of  highways  in  the 
several  states.  Let  us  then  endeavor  to  attain  this  benefit  in  a  mode 
which  will  be  satisfactory  to  all.  That  hitherto  adopted  has,  by  many  of 
our  fellow-citizens,  been  deprecated  as  an  infraction  of  the  constitution; 
while  by  others  it  has  been  viewed  as  inexpedient.  All  feel  that  it  has 
been  employed  at  the  expense  of  harmony  in  the  legislative  councils. 

To  avoid  these  evils,  it  appears  to  me  that  the  most  safe,  just,  and  fe- 
deral disposition  which  could  be  made  of  the  surplus  revenue,  would  be 
its  apportionment  among  the  several  states  according  to  their  ratio  of  re- 
presentation; and  should  this  measure  not  be  found  warranted  by  the  con- 
stitution, that  it  would  be  expedient  to  propose  to  the  states  an  amend- 
ment authorising  it.     I  regard  an  appeal  to  the  source  of  power,  in  cases 
of  real  doubt,  and  where  its  exercise  is  deemed  indispensable  to  the  gen- 
eral welfare,  as  among  the  most  sacred  of  all  our  obligations.    Upon  this 
country,  more  than  any  other,  has,  in  the  providence  of  God,  been  cast 
the  special  guardianship  of  the  great  principle  of  adherence  to  written 
constitutions.   If  it  fail  here,  all  hope  in  regard  to  it  will  be  extinguished. 
That  this  w^as  intended  to  be  a  government  of  limited  and  specific,  and 
not  general  powers,  must  be  admitted  by  all;  and  it  is  our  duty  to  pre- 
serve for  it  the  character  intended  by  its  framers.     If  experience  points 
out  the  necessity  for  an  enlargement  of  these  powers,  let  us  apply  for  it 
to  those  for  whose  benefit  it  is  to  be  exercised;  and  not  undermine  the 
whole  system  by  a  resort  to  overstrained  constructions.   The  scheme  has 
worked  well.     It  has  exceeded  the  hopes  of  those  who  devised  it,  and 
become  an  object  of  admiration  to  the  world.     We  are  responsible  to 
our  country,  and  to  the  glorious  cause  of  self-government,  for  the  preser- 
vation of  so  great  a  good.     The  great  mass  of  legislation  relating  to  our 
internal  affairs,  was  intended  to  be  left  where  the  federal  convention  found 
i^ — in  the  state  governments.     Nothing  is  clearer,  in  my  view,  than  that 
we  are  chiefly  indebted  for  the  success  of  the  constitution  under  which 
we  are  now  acting,  to  the  watchful  and  auxiliary  operation  of  the  state 
authorities.     This  is  not  the  reflection  of  a  day,  but  belongs  to  the  most 
deeply  rooted  convictions  of  my  mind.     I  cannot,  thorefore,  too  strongly 
or  too  earnestly,  for  my  own  sense  of  its  importance,  warn  you  against 
all  encroachments  upon  the  legitimate  sphere  of  state  sovereignty.     Sus- 
tained by  its  healthful  and  invigorating  influence,  the  federal  system  can 
never  fall. 

In  the  collection  of  the  revenue,  the  long  credits  authorized  on  goods 


1829.]  16 

imported  from  beyond  the  Cape  of  Good  Hope  are  the  chief  cause  of  the 
losses  at  present  sustained,  tf  these  were  shortened  to  six,  nine,  and 
twelve  months,  and  warehouses  provided  by  government,  sufficient  to 
receive  the  goods  offered  in  deposite  for  security  and  for  debenture;  and 
if  the  right  of  the  United  States  to  a  priority  of  payment  out  of  the  es- 
tates of  its  insolvent  debtors  were  more  effectually  secured — this  evil 
would,  in  a  great  measure,  be  obviated.  An  authority  to  construct  such 
houses,  is,  therefore,  with  the  proposed  alteration  of  the  credits,  recom- 
mended to  your  attention. 

It  is  worthy  of  notice,  that  the  laws  for  the  collection  and  security  of 
the  revenue  arising  from  imposts,  were  chiefly  framed  when  the  rates  of 
duties  on  imported  goods  presented  much  less  temptation  for  iUicit  trade 
than  at  present  exists.  There  is  reason  to  believe  that  these  laws  are, 
in  some  respects,  quite  insufficient  for  the  proper  security  of  the  revenue, 
and  the  protection  of  the  interests  of  those  who  are  disposed  to  observe 
them.  The  injurious  and  demoralizing  tendency  of  a  successful  system 
of  smuggling  is  so  obvious  as  not  to  require  comment,  and  cannot  be  too 
carefully  guarded  against.  I  therefore  suggest  to  congress  the  propriety 
of  adopting  efficient  measures  to  prevent  this  evil,  avoiding  however,  as 
much  as  possible,  every  unnecessary  infringement  of  individual  liberty, 
and  embarrassment  of  fair  and  lawful  business. 

On  an  examination  of  the  records  of  the  treasury,  I  have  been  forcibly 
struck  with  the  large  amount  of  public  money  which  appears  to  be  out- 
standing. Of  the  sum  thus  due  from  individuals  to  the  government,  a  con- 
siderable portion  is  undoubtedly  desperate;  and,  in  many  instances,  has 
probably  been  rendered  so  by  remissness  in  the  agents  charged  with  its 
collection.  By  proper  exertions,  a  great  part,  however,  may  yet  be  re- 
covered; an^,  whatever  may  be  the  portions  respectively  belonging  to 
these  two  classes,  it  behoves  the  government  to  ascertain  the  real  state 
of  the  fact.  This  can  be  done  only  by  the  prompt  adoption  of  judicious 
measures  for  the  collection  of  such  as  may  be  made  available.  It  is  be- 
lieved that  a  very  large  amount  has  been  lost  through  the  inadequacy  of 
the  means  provided  for  the  collection  of  debts  due  to  the  public,  and  that 
this  inadequacy  lies  chiefly  in  the  want  of  legal  skill,  habitually  and  con- 
stantly employed  in  the  direction  of  the  agents  engaged  in  the  service. 
It  must,  I  think,  be  admitted,  that  the  supervisory  power  over  suits 
brought  by  the  public,  which  is  now  vested  in  an  accounting  officer  of 
the  treasury,  not  selected  with  a  view  to  his  legal  knowledge,  and  en^ 
cumbered  as  he  is  with  numerous  other  duties,  operates  unfavorably  to 
the  public  interest. 

It  is  important  that  this  branch  of  the  public  service  should  be  subject- 
ed to  the  supervision  of  such  professional  skill  as  will  give  it  efficiency. 
The  expense  attendant  upon  such  a  modification  of  the  executive  depart- 
ment, would  be  justified  by  the  soundest  principles  of  economy.  I  would 
recommend,  therefore,  that  the  duties  now  assigned  to  the  agent  of  the 
treasury,  so  far  as  they  relate  to  the  superintendence  and  management  of 
legal  proceedings,  on  the  part  of  the  United  States,  be  transferred  to  the 
attorney  general;  and  that  this  officer  be  placed  on  the  same  footing,  irjL 
all  respects,  as  the  heads  of  the  other  departments — receiving  like  com- 


16  [December, 

pensation,  and  having  such  subordinate  officers  provided  for  his  depart- 
ment, as  may  be  requisite  for  the  discharge  of  these  additional  duties. 
The  professional  skill  of  the  attorney  general,  employed  in  directing  the 
conduct  of  marshals  and  district  attorneys,  would  hasten  the  collection  of 
debts  now  in  suit,  and  hereafter  save  much  to  the  government.  It  might 
be  further  extended  to  the  superintendence  of  all  criminal  proceedings,  for 
offences  against  the  United  States.  In  making  this  transfer,  great  care 
should  be  taken,  however,  that  the  power  necessary  to  the  treasury  de- 
partment be  not  impaired:  one  of  its  greatest  securities  consisting  in  a 
control  over  all  accounts,  until  they  are  audited  or  reported  for  suit. 

In  connexion  with  the  foregoing  views,  I  would  suggest  also,  an  inqui- 
ry, whether  the  provisions  of  the  act  of  congress,  authorizing  the  dis- 
charge of  the  persons  of  debtors  to  the  government,  from  imprisonment, 
may  not,  consistently  with  the  public  interest,  be  extended  to  the  release 
of  the  debt,  where  the  conduct  of  the  debtor  is  wholly  exempt  from  the 
imputation  of  fraud.  Some  more  liberal  policy  than  that  which  now  pre- 
vails, in  reference  to  this  unfortunate  class  of  citizens,  is  certainly  due  to 
them,  and  would  prove  beneficial  to  the  country.  The  continuance  of 
the  liability,  after  the  means  to  discharge  it  have  been  exhausted,  can 
only  serve  to  dispirit  the  debtor,  or,  where  his  resources  are  but  partial, 
the  want  of  power  in  the  government  to  compromise  and  release  the  de- 
mand, instigates  to  Iraud,  as  the  only  resource  for  securing  a  support  to 
his  family.  He  thus  sinks  into  a  state  of  apathy,  and  becomes  a  useless 
drone  in  society,  or  a  vicious  member  of  it,  if  not  a  feeling  witness  of 
the  rigor  and  inhumanity  of  his  country.  All  experience  proves,  that  op- 
pressive debt  is  the  bane  of  enterprise;  and  it  should  be  the  care  of  a  re- 
public not  to  exert  a  grinding  power  over  misfortune  and  poverty. 

Since  the  last  session  of  congress,  numerous  frauds  on  the  treasury  have 
been  discovered,  which  I  thought  it  my  duty  to  bring  under  the  cogni- 
zance of  the  United  States'  court  for  this  district,  by  a  criminal  prosecu- 
tion.    It  was  my  opinion,  and  that  of  able  counsel  who  were  consulted, 
that  the  cases  came  within  the  penalties  of  the  act  of  the  17th  congress, 
approved  3d  March,  1823,  providing  for  the  punishment  of  frauds  com- 
mitted on  the  government  of  the  United  States,    Either  from  some  defect 
in  the  law  or  in  its  administration,  every  eftbrt  to  bring  the  accused  to 
trial  under  its  provisions  proved  ineffectual;  and  the  government  was 
driven  to  the  necessity  of  resorting  to  the  vague  and  inadequate  provisions 
of  the  common  law.     It  is  theretore  my  duty  to  call  your  attention  to  the 
laws  which  have  been  passed  for  the  protection  of  the  treasury.     If,  in- 
deed, there  he  no  provision  by  which  those  who  may  be  unworthily  en- 
trusted with  its  guardianship,  can  be  punished  for  the  most  flagrant  viola- 
tion of  duty,  extending  even  to  the  most  fraudulent  appropriation  of  the 
public  funds  to  their  own  use,  it  is  time  to  remedy  so  dangerous  an  omis- 
sion.    Or,  if  the  law  has  been  perverted  from  its  original  purposes,  and 
criminals,  deserving  to  be  punished  under  its  provisions,  have  been  res- 
cued by  legal  subtilties,  it  ought  to  be  made  so  plain,  by  amendatory  pro- 
visions, as  to  baffle  the  arts  of  perversion,  and  accomplish  the  ends  of  its 
original  enactment. 

In  one  of  the  most  flagrant  cases,  the  court  decided  that  thfe  prosecu- 


1829.]  17 

tion  was  barred  by  the  statute  which  limits  prosecution  for  fraud  to  two 
years.  In  this  case  all  the  evidences  of  the  fraud,  and  indeed  all  knowl- 
edge that  a  fraud  had  been  committed,  were  in  possession  of  the  party 
accused,  until  after  the  two  years  had  elapsed.  Surely  the  statute  ought 
•not  to  run  in  favor  of  any  man  while  he  retains  all  the  evidences  of  his 
crime  in  his  own  possession;  and,  least  of  all,  in  favor  of  a  public  officer 
who  continues  to  defraud  the  treasury,  and  conceal  the  transaction  for 
the  brief  term  of  two  years.  I  would  therefore  recommend  such  an  al- 
teration of  the  law  as  will  give  the  injured  party  and  the  government  two 
years  after  the  disclosure  of  the  fraud,  or  after  the  accused  is  out  of  of- 
fice, to  commence  their  prosecution. 

In  connexion  with  this  subject,  I  invite  the  attention  of  congress  to  a 
general  and  minute  inquiry  into  the  condition  of  the  government;  with  a 
view  to  ascertain  what  offices  can  be  dispensed  with,  what  expenses  re- 
trenched;,  and  what  improvements  may  be  made  in  the  organization  of  its 
various  parts,  to  secure  the  proper  responsibility  of  public  agents,  and 
promote  efficiency  and  justice  in  all  its  operations. 

The  report  of  the  secretary  of  war  will  make  you  acquainted  with  the 
condition  of  our  army,  fortifications,  arsenals,  and  Indian  affairs.  The 
proper  discipline  of  the  army,  the  training  and  equipment  of  the  militia, 
the  education  bestowed  at  West  Point,  and  the  accumulation  of  the  means 
of  defence,  applicable  to  the  naval  force;  will  tend  to  prolong  the  peace 
we  now  enjoy,  and  which  every  good  citizen — more  especially  those  who 
have  felt  the  miseries  of  even  a  successful  warfare — must  ardently  desire 
to  perpetuate. 

The  returns  from  the  subordinate  branches  of  this  service  exhibit  a  re- 
gularity and  order  highly  creditable  to  its  character;  both  officers  and  sol- 
diers seem  imbued  with  a  proper  sense  of  duty,  and  conform  to  the  re- 
straints of  exact  discipline  with  that  cheerfulness  which  becomes  the 
profession  of  arms.  There  is  need,  however,  of  further  legislation,  to 
obviate  the  inconveniences  specified  in  the  report  under  consideration;  to 
some  of  which  it  is  proper  that  I  should  call  your  particular  attention. 

The  act  of  congress  of  the  2d  March,  1821,  to  reduce  and  fix  the  mili- 
tary establishment,  remaining  unexecuted  as  it  regards  the  command  of 
one  of  the  regiments  of  artillery,  cannot  now  be  deemed  a  guide  to  the 
-executive  in  making  the  proper  appointment.  An  explanatory  act,  de- 
signating the  class  of  officers  out  of  which  this  grade  is  to  be  filled — 
whether  from  the  military  list,  as  existing  prior  to  the  act  of  1821,  or 
from  it,  as  it  has  been  fixed  by  that  act — would  remove  this  difficulty. 
It  is  also  important  that  the  laws  regulating  the  pay  and  emoluments  of 
officers  generally,  should  be  more  specific  than  they  now  are.  Those, 
for  example,  in  relation  to  the  paymaster  and  surgeon  general 
assign  to  them  an  annual  salary  of  two  thousand  five  hundred  dollars, 
but  are  silent  as  to  allowances  whicl\,  in  certain  exigencies  of  the  ser- 
vice, may  be  deemed  indispensable  to  the  discharge  of  their  duties.  This 
circumstance  has  been  the  authority  for  extending  to  them  various  allow- 
ances, at  different  times,  under  former  administrations:  but  no  uniform 
rule  has  been  observed  on  the  subject.  Similar  inconveniences  exist  in 
other  cases,  in  which  the  construction  put  upon  the  laws  by  the  public 


18  [December, 

accountants  may  operate  unequally,  produce  confusion,  and  expose  offi- 
cers to  the  odium  of  claiming  what  is  not  their  due. 

I  recommend  to  your  fostering  care,  as  one  of  your  safest  means  of  na- 
tional defeiice,  the  military  academy.  This  institution  has  already  exer- 
cised the  happiest  influence  upon  the  moral  and  intellectual  character  of 
our  army;  and  such  of  the  graduates  as,  from  various  causes,  may  not 
pursue  the  profession  of  arms,  will  be  scarcely  less  useful  as  citizens. 
Their  knowledge  of  the  military  art  will  be  advantageously  employed  in 
the  militia  service;  and  in  a  measure,  secure  to  that  class  of  troops  the 
advantages  which,  in  this  respect,  belong  to  standing  armies. 

I  would  also  suggest  a  review  of  the  pension  law,  for  the  purpose  of 
extending  its  benefits  to  every  revolutionary  soldier  who  aided  in  estab- 
lishing our  liberties,  and  who  is  unable  to  maintain  himself  in  comfort. 
These  relics  of  the  war  of  independence  have  strong  claims  upon  their 
country's  gratitude  and  bounty.  The  law  is  defective,  in  not  embracing 
within  its  provisions  all  those  who  were,  during  the  last  war,  disabled 
from  supporting  themselves  by  manual  labor.  Such  an  amendment 
would  add  but  little  to  the  amount  of  pensions,  and  is  called  for  by  the 
sympathies  of  the  people,  as  well  as  by  considerations  of  sound  policy. 
It  will  be  perceived  that  a  large  addition  to  the  list  of  pensioners  has 
been  occasioned  by  an  order  of  the  late  administration,  departing  mate- 
rially from  the  rules  which  had  previously  prevailed.  Considering  it  an 
;act  of  legislation,  I  suspended  its  operation  as  soon  as  I  was  informed 
that  it  had  commenced.  Belore  this  period,  however,  applications  under 
the  new  regulation  had  been  preferred,  to  tlie  number  ot  one  hundred  and 
iifty-four:  of  which,  on  the  27th  March,  the  date  of  its  revocation,  eighty- 
seven  were  admitted.  For  the  amount,  there  was  neither  estimate  nor 
appropriation;  and  besides  this  deficiency,  the  regular  allowances,  ac- 
cording to  the  rules  which  have  heretofore  governed  the  department,  ex- 
ceed the  estimate  of  its  late  secretary,  by  about  fifty  thousand  dollars:  (or 
which  an  appropriation  is  asked. 

Your  particular  attention  is  requested  to  that  part  of  the  report  of  the 
secretary  of  war  which  relates  to  the  money  held  in  trust  for  the  Seneca 
tribe  of  Indians.  It  will  be  perceived  that,  without  legislative  aid,  the 
executive  cannot  obviate  the  embarrassments  occasioned  by  the  diminu- 
tion of  the  dividends  on  that  fund;  which  originally  amounted  to  one  hun- 
dred thousand  dollars,  and  has  recently  been  vested  in  the  United  States' 
three  per  cent,  stock. 

The  condition  and  ulterior  destiny  of  the  Indian  tribes  within  the  limits 
of  some  of  our  states,  have  become  objects  of  much  interest  and  impor- 
tance. It  has  long  been  the  policy  of  government  to  introduce  among 
them  the  arts  of  civilization,  in  the  hope  of  gradually  reclaiming  them 
from  a  wandering  life.  This  policy  has,  however,  been  coupled  with 
another,  wholly  incompatible  with  its  success.  Professing  a  desire  to 
civilize  and  settle  them,  we  have,  at  the  same  time,  lost  no  opportunity 
to  purchase  their  lands,  and  thrust  them  further  into  the  wilderness.  By 
this  means  they  have  not  only  been  kept  in  a  wandering  state,  but  been 
led  to  look  upon  us  as  unjust  and  indifferent  to  their  fate.  Thus,  though 
lavish  in  its  expenditures  upon  the  subject,  government  has  constantly  de- 


1829.] 


19 


feated  its  own  policy;  and  the  Indians  in  general,  receding  further  and 
further  to  the  west,  have  retained  their  savage  habits.  A  portion,  how- 
ever, of  the  southern  tribes,  having  mingled  much  with  the  whites,  and 
made  some  progress  in  the  arts  of  civilized  life  have  lately  attempted  to 
erect  an  independent  government,  within  the  limits  of  Georgia  and  Ala- 
bama. These  states  claiming  to  be  the  only  sovereigns  within  their  ter- 
ritories, extended  their  laws  over  the  Indians;  which  induced  the  latter 
to  call  upon  the  United  States  for  protection. 

Under  these  circumstances,  the  question  presented  was,  whether  the 
general  government  had  a  right  to  sustain  those  people  in  their  preten- 
sions.?    The  constitution  declares,  that,  "no  new  state  shall  be  formed  or 
erected  within  the  jurisdiction  of  any  other  state,"  without  the  consent  of 
its  legislature.     If  the  general  government  is  not  permitted  to  tolerate 
the  erection  of  a  confederate  state  within  the  territory  of  one  of  the 
members  of  this  union,  against  her  consent,  much  less  could  it  allow  a  fo- 
reign and  independent  government  to  establish  itself  there.     Georgia  be- 
came a  member  of  the  confederacy  which  eventuated  in  our  federal 
union,  as  a  sovereign  state,  always  asserting  her  claim  to  certain  limits; 
which  having  been  originally  defined  in  her  colonial  charter,  and  subse- 
quently recognised  in  the  treaty  of  peace,  she  has  ever  since  continued 
to  enjoy,  except  as  they  have  been  circumscribed  by  her  own  voluntary 
transfer  of  a  portion  of  her  territory  to  the  United  States,  in  the  articles 
of  cession  of  1802.     Alabama  was  admitted  into  the  union  on  the  same 
footing  with  the  original  states,  with  boundaries  which  were  prescribed 
by  congress.     There  is  no  constitutional,  conventional,  or  legal  provision, 
which  allows  them  less  power  over  the  Indians  within  their  borders,  than 
is  possessed  by  Maine  or  New  York.     Would  the  people  of  Maine  per- 
mit the  Penobscot  tribe  to  erect  an  independent  government  within  their 
state.?   and  unless  they  did,  would  it  not  be  the  duty  of  the  general  go- 
vernment to  support  them  in  resisting  such  a  measure?     Would  the  peo- 
ple of  New  York  permit  each  remnant  of  the  Six  Nations  within  her  bor- 
ders, to  declare  itself  an  independent  people  under  the  protection  of  the 
United  States.?     Could  the  Indians  establish  a  separate  republic  on  each 
of  their  reservations  in  Ohio.?  and  if  they  were  so  disposed,  would  it  be 
the  duty  of  this  government  to  protect  them  in  the  attempt.?     If  the  prin- 
ciple involved  in  the  obvious  answer  to  these  questions  be  abandoned,  it 
will  follow  that  the  objects  of  this  government  are  reversed;  and  that  it 
has  become  a  part  of  its  duty  to  aid  in  destroying  the  states  which  it 
was  established  to  protect. 

Actuated  by  this  view  of  the  subject,  I  informed  the  Indians  inhabiting 
parts  of  Georgia  and  Alabama,  that  their  attempt  to  establish  an  indepen- 
dent government  would  not  be  countenanced  by  the  executive  of  the  Unit- 
ed States;  and  advised  them  to  emigrate  beyond  the  Mississippi,  or  sub- 
mit to  the  laws  of  those  states. 

Our  conduct  towards  these  people  is  deeply  interesting  to  our  national 
character.  Their  present  condition,  contrasted  with  what  they  once 
were,  makes  a  most  powerful  appeal  to  our  sympathies.  Our  ancestors 
found  them  the  uncontrolled  possessors  of  these  vast  regions.  By  persua- 
sion and  force,  they  have  been  made  to  retire  from  river  to  river,  and 


20  [December, 

from  mountain  to  mountain;  until  some  of  the  tribes  have  become  extinct, 
and  others  have  left  but  remnants  to  preserve,  for  a  while,  their  once  ter- 
rible names.  Surrounded  by  the  wliites,  with  their  arts  of  civilization, 
which,  by  destroying*  the  resources  of  the  savage,  doom  him  to  weakness 
and  decay,  the  fate  of  the  Mohegan,the  Narragansett,  and  the  Delaware, 
is  fast  overtaking  the  Choctaw,  the  Cherokee,  and  the  Creek.  That  this 
fate  surely  awaits  them,  if  they  remain  within  the  limits  of  the  states, 
does  not  admit  of  a  doubt  Humanity  and  national  honor  demand  that 
every  effort  should  be  made  to  avert  so  great  a  calamity.  It  is  too  late 
to  inquire  whether  it  was  just  in  the  United  States  to  include  them  and 
iheir  territory,  within  the  bounds  of  new  states  whose  limits  they  could 
control.  That  step  cannot  be  retraced.  A  state  cannot  be  dismember- 
ed by  congress,  or  restricted  in  the  exercise  of  her  constitutional  power. 
But  the  people  of  those  states,  and  of  every  state,  actuated  by  feelings  of 
justice  and  regard  for  our  national  honor,  submit  to  you  the  interesting 
question,  whether  something  cannot  be  done,  consistently  with  the  rights 
of  the  states,  to  preserve  this  much  injured  race? 

As  a  means  of  effecting  this  end,  I  suggest  for  your  consideration,  the 
propriety  of  setting  apart  an  ample  district  west  of  the  Mississippi,  and 
without  the  limits  of  any  state  or  territory,  now  formed,  to  be  guaran- 
teed to  the  Indian  tribes,  as  long  as  they  shall  occupy  it:  each  tribe  hav- 
ing a  distinct  control  over  the  portion  designated  for  its  use.  There  they 
may  be  secured  in  the  enjoyment  of  governments  of  their  ow^n  choice, 
subject  to  no  other  control  from  the  United  States  than  such  as  may  be 
necessary  to  preserve  peace  on  the  frontier,  and  between  the  several 
tribes.  There  the  benevolent  may  endeavor  to  teach  them  the  arts  of  ci- 
vilization; and  by  promoting  union  and  harmony  among  them,  to  raise  up 
an  interesting  commonwealth,  destined  to  perpetuate  the  race,  and  to  at- 
test the  humanity  and  justice  of  this  government. 

This  emigration  should  be  voluntary:  for  it  would  be  as  cruel  as  unjust 
to  compel  the  aborigines  to  abandon  the  graves  of  their  fathers,  and  seek 
a  home  in  a  distant  land.  But  they  should  be  distinctly  informed  that,  if 
they  remain  w'ithin  the  limits  of  the  states,  they  must  be  subject  to  their 
laws.  In  return  for  their  obedience,  as  individuals,  they  will,  without 
doubt,  be  protected  in  the  enjoyment  of  those  possessions  which  they 
have  improved  by  their  industry.  But  it  seems  to  me  visionary  to  sup- 
pose, that,  in  this  state  of  things,  claims  can  be  allowed  on  tracts  of  coun- 
try on  which  they  have  neither  dwelt  nor  made  improvements,  merely 
because  they  have  seen  them  from  the  mountain,  or  passed  them  in  the 
chase.  Submitting  to  the  laws  of  the  states,  and  receiving,  like  other 
citizens,  protection  in  their  persons  and  property,  they  will,  ere  long, 
become  merged  in  the  mass  of  our  population. 

The  accompanying  report  of  the  secretary  of  the  navy  will  make  you 
acquainted  with  the  condition  and  useful  employment  of  that  branch  of  our 
service,  during  the  present  year.  Constituting,  as  it  does,  the  best  stand- 
ing security  of  this  country  against  foreign  aggression,  it  claims  the  espe- 
cial attention  of  government.  In  this  spirit,  the  measures  which,  since 
ihe  termination  of  the  last  war,  have  been  in  operation  for  its  gradual  en- 
largement, were  adopted;  and  it  should  continue  to  be  cherished  as  the 


1829.]  21 

offspring  of  our  national  experience.  It  will  be  seen,  however,  that  not- 
withstanding the  great  solicitude  which  has  been  manifested  for  the  per- 
fect organization  of  this  arm,  and  the  liberality  of  the  appropriations 
which  that  solicitude  has  suggested,  this  object  has,  in  many  important 
respects,  not  been  secured. 

In  time  of  peace,  we  have  need  of  no  more  ships  of  war  than  are  requi- 
site to  the  protection  of  our  commerce.  Those  not  wanted  for  this  ob- 
ject, must  lay  in  the  harbors,  where,  without  proper  covering,  they  ra- 
pidly decay;  and  even  under  the  best  precautions  for  their  preservation, 
must  soon  become  useless.  Such  is  already  the  case  with  many  of  our 
finest  vessels;  which,  though  unfinished,  will  now  require  immense  sums 
of  money  to  be  restored  to  the  condition  in  which  they  were,  when  com- 
mitted to  their  proper  element.  On  this  subject  there  can  be  but  little 
doubt  that  our  best  policy  would  be  to  discontinue  the  building  of  ships 
of  the  first  and  second  class,  and  look  rather  to  the  possession  of  ample 
materials,  prepared  for  the  emergencies  of  war,  than  to  the  number  of 
vessels  which  we  can  float  in  a  season  of  peace,  as  the  index  of  our  naval 
power.  Judicious  deposites  in  navy  yards,  of  timber  and  other  materials, 
fashioned  under  the  hands  of  skillful  workmen,  and  fitted  for  prompt  ap- 
plication to  their  various  purposes,  would  enable  us,  at  all  times,  to  con- 
struct vessels  as  fast  as  they  can  be  manned;  and  save  the  heavy  expense 
of  repairs,  except  to  such  vessels  as  must  be  employed  in  guarding  our 
commerce.  The  proper  points  for  the  establishment  of  these  yards  are 
indicated  with  so  much  force  in  the  report  of  the  navy  board,  that,  in  re- 
commending it  to  your  attention,  I  deem  it  unnecessary  to  do  more  thari 
express  my  hearty  concurrence  in  their  views.  The  yard  in  this  district, 
being  already  furnished  with  most  of  the  machinery  necessary  for  ship 
building,  will  be  competent  to  the  supply  of  the  two  selected  by  the 
board  as  the  best  for  the  concentration  of  materials;  and,  from  the  facility 
and  certainty  of  communication  between  them,  it  will  be  useless  to  incur, 
at  these  depots,  the  expense  of  similar  machinery,  especially  that  used  in 
preparing  the  usual  metallic  and  wooden  furniture  of  vessels. 

Another  improvement  would  be  effected  by  dispensing  altogether  with 
the  navy  board,  as  now  constituted,  and  substituting,  in  its  stead,  bureaus 
similar  to  those  already  existing  in  the  war  department.  Each  member 
of  the  board,  transferred  to  the  head  of  a  separate  bureau,  charged  with 
specific  duties;  would  feel,  in  its  highest  degree,  that  wholesome  respon- 
sibility which  cannot  be  divided  without  a  far  more  than  proportionate 
diminution  of  its  force.  Their  valuable  services  would  become  still  more 
so  when  separately  appropriated  to  distinct  portions  of  the  great  interests 
of  the  navy;  to  the  prosperity  of  which  each  would  be  impelled  to  devote 
himself  by  the  strongest  motives.  Under  such  an  arrangement,  every 
branch  of  this  important  service  would  assume  a  more  simple  and  precise 
character;  its  efficiency  would  be  increased,  and  scrupulous  economy  in 
the  expenditure  of  public  money  promoted. 

I  would  also  recommend  that  the  marine  corps  be  merged  in  the  artil- 
lery or  infantry,  as  the  best  mode  of  curing  the  many  defects  in  its  or- 
ganization.   But  little  exceeding  in  number  any  of  the  regiments  of  in- 
3 


22  [December, 

fantry,  that  corps  has,  besides  its  lieutenant  colonel  commandant,  five  bre- 
vet lieutenant  colonels,  who  receive  the  full  pay  and  emoluments  of  their 
brevet  rank,  without  rendering  proportionate  service.  Details  for  marine 
service  could  as  well  be  made  from  the  infantry,  or  artillery — there  being 
no  peculiar  training  requisite  for  it. 

'With  these  improvements,  and  such  others  as  zealous  watchfulness  and 
mature  consideration  may  suggest,  there  can  be  little  doubt  that,  under  an 
energetic  administration  of  its  affairs,  the  navy  may  soon  be  made  every 
tiling  that  the  nation  wishes  it  to  be.  Its  efficiency  in  the  suppression  of 
piracy  in  the  West  India  seas,  and  wherever  its  squadrons  have  been  em- 
ployed, in  securing  the  interests  of  the  country,  w^ill  appear  from  the  re- 
port of  the  secretary,  to  which  I  refer  you  for  other  interesting  details. 
Among  these,  I  would  bespeak  the  attention  of  congress  for  the  views 
presented  in  relation  to  the  inequality  between  the  army  and  navy  as  to 
the  pay  of  officers.  No  such  inequality  should  prevail  between  these 
brave  defenders  of  their  country;  and  where  it  does  exist,  it  is  submitted 
to  congress  whether  it  ought  not  to  be  rectified. 

The  report  of  the  postmaster  general  is  referred  to  as  exhibiting  a 
highly  satisfactory  administration  of  that  department.  Abuses  have  beea 
reformed;  increased  expedition  in  the  transmission  of  the  mail  secured; 
and  its  revenue  much  improved.  In  a  political  point  of  view,  this  de- 
partment is  chiefly  important  as  affording  the  means  of  diffusing  knowl- 
edge. It  is  to  the  body  politic  what  the  veins  and  arteries  are  to  the  na- 
tural— conveying  rapidly  and  regularly,  to  the  remotest  parts  of  the  sys- 
tem, correct  information  of  the  operations  of  the  government,  and  bring- 
ing back  to  it  the  wishes  and  feelings  of  the  people.  Through  its  agency, 
we  have  secured  to  ourselves  the  full  enjoyment  of  the  blessings  of  a  free 
press. 

In  this  general  survey  of  our  affairs,  a  subject  of  high  importance  pre- 
sents itself  in  the  present  organization  of  the  judiciary.   An  uniform  ope- 
ration of  the  federal  government  in  the  different  states  is  certainly  desira- 
ble; and,  existing  as  they  do  in  the  union,  on  the  basis  of  perfect  equality, 
each  state  has  a  right  to  expect  that  the  benefits  conlerred  on  the  citizens 
of  others  should  be  extended  to  hers.     The  judicial  system  of  the  United 
States  exists  in  all  its  efficiency  in  only  fifteen  members  of  the  union:  to 
three  others,  the  circuit  courts,  which  constitute  an  important  part  of  that 
system,  have  been  imperfectly  extended:  and  to  the  remaining  six,  alto- 
gether denied.     The  effect  has  been  to  withhold  from  the  inhabitants  of 
the  latter  the  advantages  aflbrded  (by  the  supreme  court)  to  their  fellow 
citizens  in  other  states,  in  the  whole  extent  of  the  criminal,  and  much  of 
the  civil,  authority  of  the  federal  judiciary.     That  this  state  of  things 
ought  to  he  remedied,  if  it  can  be  done  consistently  with  the  public  wel- 
fare, is  not  to  be  doubted;  neither  is  it  to  be  disguised  that  the  organiza- 
tion of  our  judicial  system  is  at  once  a  difficult  and  delicate  task.     To 
extend  the  circuit  courts  equally  throughout  the  different  parts  of  tlie 
Union,  and,  at  the  same  time,  to  avoid  such  a  multiplication  of  members 
as  would  encumber  the  supreme  ap{)ellate  tribunal,  is  the  object  desired. 
Perhaps  it  might  be  accomplished  by  dividing  the  circuit  judges  into  two 


1829.]  23 

classes,  and  providing  that  the  supreme  court  should  be  held  by  those 
classes  alternately — the  chief  justice  always  presiding. 

If  an  extension  of  the  circuit  court  system  to  those  states  which  do  not 
now  enjoy  its  benefits  should  be  determined  upon,  it  would,  of  course,  be 
necessary  to  revise  the  present  arrangement  of  the  circuits;  and  even  if 
that  system  should  not  be  enlarged,  such  a  revision  is  recommended. 

A  provision  for  taking  the  census  of  the  people  of  the  United  States 
will,  to  ensure  the  completion  of  that  work  within  a  convenient  time, 
claim  the  early  attention  of  congress. 

The  great  and  constant  increase  of  business  in  the  department  of  state 
forced  itself,  at  an  early  period,  upon  the  attention  of  the  executive. 
Thirteen  years  ago,  it  was,  in  Mr.  Madison's  last  message  to  congress, 
made  the  subject  of  an  earnest  recommendation,  which  has  been  repeated 
by  both  of  his  successors;  and  my  comparatively  limited  experience  has 
satisfied  me  of  its  justness.  It  has  arisen  from  many  causes,  not  the  least 
of  which  is  the  large  addition  that  has  been  made  to  the  family  of  inde- 
pendent nations,  and  the  proportionate  extension  of  our  foreign  relations. 
The  remedy  proposed  was  the  establishment  of  a  home  department — a 
measure  which  does  not  appear  to  have  met  the  views  of  congress,  on 
account  of  its  supposed  tendency  to  increase  gradually,  and  impercepti- 
bly, the  already  too  strong  bias  of  the  federal  system  towards  the  exer- 
cise of  authority  not  delegated  to  it.  I  am  not,  therefore,  disposed  to 
revive  the  recommendation;  but  am  not  the  less  impressed  with  the  im- 
portance of  so  organizing  that  department,  that  its  secretary  may  devote 
more  of  his  time  to  our  foreign  relations.  Clearly  satisfied  that  the  pub- 
lic good  would  be  promoted  by  some  suitable  provision  on  the  subject,  I 
respectfully  invite  your  attention  to  it. 

The  charter  of  the  bank  of  the  United  States  expires  in  1836,  and  its 
stockholders  vrill  most  probably  apply  for  a  renewal  of  their  privileges. 
In  order  to  avoid  the  evils  resulting  from  precipitancy  in  a  measure  in- 
volving such  important  principles,  and  such  deep  pecuniary  interests,  I 
feel  that  I  cannot,  injustice  to  the  parties  interested,  too  soon  present  it 
to  the  deliberate  consideration  of  the  legislature  and  the  people.  Both 
the  constitutionality  and  the  expediency  of  the  law  creating  this  bank  are 
well  questioned  by  a  large  portion  of  our  fellow  citizens;  and  it  must  be 
admitted  by  all,  that  it  has  tailed  in^the  great  end  of  establishing  a  uniform 
and  sound  currency. 

Under  these  circumstances,  if  such  an  institution  is  deemed  essential  to 
the  fiscal  operations  of  the  government,  1  submit  to  the  w^isdom  of  the  le- 
gislature whether  a  national  one,  founded  upon  the  credit  of  the  govern- 
ment and  its  revenues,  might  not  be  devised,  which  would  avoid  all  con- 
stitutional difficulties,  and,  at  the  same  time,  secure  all  the  advantages  to 
the  government  and  country  that  were  expected  to  result  from  the  present 
bank. 

I  cannot  close  this  communication  without  bringing  to  your  view  the 
just  claim  of  the  representatives  of  commodore  Decatur,  his  officers  and 
crew,  arising  from  the  re-capture  of  the  frigate  Philadelphia,  under  the 
heavy  batteries  of  Tripoli.  Although  sensible,  as  a  general  rule,  of  the 
impropriety  of  executive  interference  under  a  government  like  ours, 


24  [December. 

where  every  individual  enjoys  the  right  of  directly  petitioning  congress-, 
yet,  viewing  this  case  as  one  of  a  very  peculiar  character,  I  deem  it  my 
duty  to  recommend  it  to  your  favorable  consideration.  Besides  the  just- 
ice of  this  claim,  as  corresponding  to  those  which  have  been  since  recog- 
nized and  satisfied,  it  is  the  fruit  of  a  deed  of  patriotic  and  chivalrous 
daring,  which  infused  life  and  confidence  into  our  infant  navy,  and  contri- 
buted, as  much  as  any  exploit  in  its  history,  to  elevate  our  national  cha- 
racter. Public  gratitude,  therefore,  stamps  her  seal  upon  it;  and  the 
meed  should  not  be  withheld  which  may  hereafter  operate  as  a  stimulus 
to  our  gallant  tars. 

I  now  commend  you,  fellow  citizens,  to  the  guidance  of  Almighty  God, 
with  a  full  reliance  on  his  merciful  Providence  for  the  maintenance  of  our 
free  institutions;  and  with  an  earnest  supplication,  that,  whatever  errors 
it  may  be  my  lot  to  commit,  in  discharging  the  arduous  duties  which  have 
devolved  on  me,  will  find  a  remedy  in  the  harmony  and  wisdom  of  your 
counsels.  ,  ANDREW  JACKSON. 


VETO 

UPON  AN  AeT  AUTHORISING  A  SUBSCRIPTION  OF  STOCK 


IN   THE 


Maymlle,  Washington,  Paris,  sind  Lexington  Turnpike  Road  Company, 


VETO. 


House  of  Representatives,  May  27,  1830. 

The  following  message  was  received  from  the  President  of  the  United 
States,  returning  to  the  House  of  Representatives  the  enrolled  bill  enti- 
tled "An  act  authorizing  a  subscription  of  stock  in  the  Maysville,  Wash- 
ington, Paris,  and  Lexington  turnpike  road  Company j"  with  his  objec- 
tions thereto. 

To  the  House  of  Representatives: 

Gentlemen: — I  have  maturely  considered  the  bill  proposing  to  au- 
thorize "a  subscription  of  stock  in  the  Maysville,  Washington,  Paris, 
and  Lexington  turnpike  road  Company,"  and  now  return  the  same  to  the 
House  of  Representatives,  in  which  it  originated,  with  my  objections  to 
its  passage. 

Sincerely  friendly  to  the  improvement  of  our  country  by  means  of 
roads  and  canals,  I  regret  that  any  difference  of  opinion  in  the  mode  of 
contributing  to  it  should  exist  between  us-,  and  if,  in  stating  this  differ- 
ence, I  go  beyond  what  the  occasion  may  be  deemed  to  call  for,  I  hope 
to  find  an  apology  in  the  great  importance  of  the  subject,  an  unfeigned 
respect  for  the  high  source  from  which  this  branch  of  it  has  emanated, 
and  an  anxious  wish  to  be  correctly  understood  by  my  constituents  in  the 
discharge  of  all  my  duties.  Diversity  of  sentiment  among  public  func- 
tionaries, actuated  by  the  same  general  motives,  on  the  character  and 
tendency  of  particular  measures,  is  an  incident  common  to  all  govern- 
ments, and  the  more  to  be  expected  in  one  which,  like  ours,  owes  its  ex- 
istence to  the  freedom  of  opinion,  and  must  be  upheld  by  the  same  influ- 
ence.— Controlled,  as  we  thus  are,  by  a  higher  tribunal,  before  which 
our  respective  acts  will  be  canvassed  with  the  indulgence  due  to  the  im- 
perfections of  our  nature,  and  with  that  intelligence  and  unbiassed  judg- 
ment which  are  the  true  correctives  of  error,  all  that  our  responsibility 
demands  is,  that  the  public  good  should  be  the  measure  of  our  viewsy 
dictating  alike  their  frank  expression  and  honest  maintenance. 

In  the  message  which  was  presented  to  congress  at  the  opening  of  it& 


28  [May, 

present  session,  I  endeavored  to  exhibit  briefly  my  views  upon  the  im- 
portant and  highly  interesting  subject,  to  which  our  attention  is  now  ta 
be  directed.  I  was  desirous  of  presenting  to  the  representatives  of  the 
several  states  in  congress  assembled,  the  inquiry  whether  some  mode 
could  not  be  devised  which  would  reconcile  the  diversity  of  opinion  con- 
cerning the  powers  of  this  government  over  the  subject  of  internal  im- 
provements, and  the  manner  in  which  these  powers,  if  conferred  by  the 
constitution,  ought  to  be  exercised.  The  act  which  I  am  called  upon  to 
consider,  has  therefore,  been  passed  with  a  knowledge  of  my  views  on 
this  question,  as  these  are  expressed  in  the  message  referred  to.  In  that 
document  the  following  suggestions  will  be  found. 

"After  the  extinction  of  the  public  debt,  it  is  not  probable  that  any  ad- 
justment of  the  tariff,  upon  principles  satisfactory  to  the  people  of  the 
union,  will,  until  a  remote  period,  if  ever,  leave  the  government  without 
a  considerable  surplus  in  the  treasury,  beyond  what  may  be  required  for 
its  current  service.     As  then  the  period  approaches  when  the  application 
of  the  revenue  to  the  payment  of  debt  will  cease,  the  disposition  of  the 
surplus  will  present  a  subject  for  the  serious  deliberation  of  congress;  and 
it  may  be  fortunate  for  the  country  that  it  is  yet  to  be  decided.  Consider- 
ed in  connexion  with  the  difficulties  which  have  heretofore  attended  appro- 
priations for  purposes  of  internal  improvement,  and  with  those  which  this  ex- 
perience tells  us  will  certainly  arise,  whenever  power  over  such  subjects 
may  be  exercised  by  the  general  government;   it  is  hoped  that  it  may 
lead  to  the  adoption  of  some  plan  which  will  reconcile  the  diversified  in- 
terests of  the  states,  and  strengthen  the  bonds  which  unite  them.     Every 
member  of  the  union,  in  peace  and  in  war,  will  be  benefitted  by  the  im- 
provement of  inland  navigation  and  the  construction  of  highways  in  the 
several  states.     Let  us  then  endeavor  to  attain  this  benefit  in  a  mode 
which  will  be  satisfactory  to  all.     That  hitherto  "adopted  has  been  de- 
precated as  an  infraction  of  the  constitution  by  many  of  our  fellow-citi' 
zens,  while  by  others  it  has  been  viewed  as  inexpedient.     All  feel  that  it 
has  been  employed  at  the  expense  of  harmony  in  the  legislative  coun- 
cils," and  adverting  to  the  constitutional  power  of  congress  to  make  what 
I  consider  a  proper  disposition  of  the  surplus  revenue,  I  subjoin  the  fol- 
lowing remarks:  "To  avoid  these  evils,  it  appears  to  me  that  the  most 
safe,  just  and  federal  disposition  which  could  be  made  of  the  surplus  re- 
venue, would  be  its  apportionment  among  the  several  states  according  to 
their  ratio  of  representation;  and  should  this  measure  not  be  found  war- 
ranted  by  the  constitution,  that  it  would  be  expedient  to  propose  to  the 
states  an  amendment  authorizing  it." 

The  constitutional  power  of  the  federal  goverment  to  construct  or  pro- 
mote works  of  internal  improvement,  presents  itself  in  two  points  of 
view:  the  first,  as  bearing  upon  the  sovereignty  of  the  states  within 
whose  limits  their  execution  is  contemplated,  if  jurisdiction  ot  the  terri- 
tory which  they  may  occupy,  be  claimed  as  necessary  to  their  preserva- 
tion and  use:  the  second,  as  asserting  the  simple  right  to  appropriate  mo- 
ney from  the  national  treasury  in  aid  of  such  works  when  undertaken  by 
state  authority,  surrendering  the  claim  of  jurisdiction.  In  the  first  view, 
the  question  of  power  is  an  open  one,  and  can  be  decided  without  the 


1830.]  29 

embarrassment  attending  the  other,  arising  from  the  practice  of  the  go- 
vernment. 

Althougli  frequently  and  strenuously  attempted,  the  power,  to  this  ex- 
tent, has  never  been  exercised  by  the  government  in  a  single  instance. 
It  does  not,  in  my  opinion,  possess  it,  and  no  bill  therefore,  which  admits 
it,  can  receive  my  official  sanction. 

But,  in  the  other  view  of  the  power,  the  question  is  differently  situated. 
The  ground  taken  at  an  early  period  of  the  government,  was,  "that  whenever 
money  has  been  raised  by  the  general  authority,  and  is  to  l!e  applied  to  a 
particular  measure,  a  question  arises,  whether  the  particular  measure 
be  within  the  enumerated  authorities  vested  in  congress.  If  it  be,  the 
money  requisite  for  it  may  be  applied  to  it;  if  not,  no  such  application  can 
be  made."  The  document  in  which  this  principle  was  first  advanced  is 
of  deservedly  high  authority,  and  should  be  held  in  grateful  remembrance 
for  its  immediate  agency  in  rescuing  the  country  from  much  existing 
abuse,  and  for  its  conservative  effect  upon  some  of  the  most  valuable 
principles  of  the  constitution.  The  symmetry  and  purity  of  the  govern- 
ment would,  doubtless,  have  been  better  preserved,  if  this  restriction  of 
the  power  of  appropriation  could  have  been  maintained  without  weaken- 
ing its  ability  to  fulfil  the  general  objects  of  its  institutions:  an  effect  so 
likely  to  attend  its  admission,  notwithstanding  its  apparent  fitness,  that 
every  subsequent  administration  of  the  government,  embracing  a  period 
of  thirty  out  of  the  forty-two  years  of  its  existence,  has  adopted  a  more 
enlarged  construction  of  the  power.  It  is  not  my  purpose  to  detain  you 
by  a  minute  recital  of  the  acts  which  sustain  this  assertion,  but  it  is  pro- 
per that  I  should  notice  some  of  the  most  prominent,  in  order  that  the  re- 
flections which  they  suggest  to  my  mind,  may  be  better  understood. 

In  the  administration  of  Mr.  Jefferson  we  have  two  examples  of  the  ex- 
ercise of  the  right  of  appropriation,  which,  in  the  consideration  that  led 
to  their  adoption  and  in  their  effects  upon  the  public  mind,  have  had  a 
greater  agency  in  marking  the  character  of  the  power,  than  any  subse- 
quent events.  I  allude  to  the  payment  of  fifteen  millions  of  dollars  for 
the  purchase  of  Louisiana,  and  to  the  original  appropriations  for  the  con- 
struction of  the  Cumberland  road,  the  latter  act  deriving  much  weight 
from  the  acquiescence  and  approbation  of  three  of  the  most  powerful  of 
the  original  members  of  the  confederacy,  expressed  through  their  respec- 
tive legislatures.  '  Although  the  circumstances  of  the  latter  case  may  be 
such  as  to  deprive  so  much  of  it  as  relates  to  the  actual  construction  of 
the  road,  of  the  force  of  an  obligatory  exposition  of  the  constitution,  it 
must  nevertheless,  be  admitted  that,  so  far  as  the  mere  appropriation  of 
money  is  concerned,  they  present  the  principle  in  its  most  imposing  aspect. 
No  less  than  twenty  three  different  laws  have  been  passed  through  all 
the  forms  of  the  constitution,  appropriating  upwards  of  two  millions  and 
a  half  of  dollars  out  of  the  national  treasury  in  support  of  that  improve- 
ment, with  the  approbation  of  every  president  of  the  United  States,  in- 
cluding my  predecessor,  since  its  commencement. 

Independently  of  the  sanction  given  to  appropriations  for  the  Cumber- 
land and  other  roads  and  objects,  under  this  power,  the  administration  of 
4  "^ 


30  •  [May, 

Mr.  Madison  was  characterised  by  an  act  which  furnishes  the  strongest 
evidence  of  his  opinion  of  its  extent.     A  bill  was  passed  through  both 
houses  of  congress,  and  presented  for  liis  approval,  "setting  apart  and 
pledging  certain  funds  for  constructing  roads  and  canals,  and  improving 
the  navio-ation  of  water  couises,  in  order  to  facilitate,  promote,  and  give 
security  to  internal  commerce  among  the  several  states,  and  to  render 
more  easy,  and  less  expensive,  the  means  and  provisions  for  the  common 
defence."     Regarding  the  bill  as  asserting  a  power  in  the  federal  govern- 
ment to  construct  roads  and  canals  within  the  limits  of  tlie  states  in  which 
they  were  made,  he  objected  to  its  passage,  on  the  ground  of  its  uncon- 
stitutionality, declaring  that  the  assent  of  the  respective  states,  in  the 
mode  provided  by  the  bill,  could  not  confer  the  power  in  question;  that 
the  only  cases  in  which  the  consent  and  cession  of  particular  states  can 
extend  the  power  of  congress,  are  those  specified  and  provided  for  in  the 
constitution;   and  superadding  to  these  avowals,  his  opinion,  that  "a  re- 
striction of  the  power  Ho  provide  for  the  common  defence  and  general 
Avelfare,'  to  cases  which  are  to  be  provided  for  by  the  expenditure  of  mo- 
ney, would  still  leave  within  the  legislative  power  of  congress,  all  the 
great  and  most  important  measures  of  government,  money  being  the  ordi- 
nary and  necessary  means  of  carrying  them  into  execution.'^     1  have  not 
been  able  to  consider  these  declarations  in  any  other  point  of  view,  than 
as  a  concession  that  the  right  of  appropriation  is  not  limited  by  the  power 
to  carry  into  eifect  the  measure  for  which  the  money  is  asked,  as  was 
formerly  contended. 

The  views  of  Mr.  Monroe  upon  this  subject,  were  not  left  to  inference. 
During  this  adminstration  a  bill  w^as  passed  through  both  houses  of  con- 
gress, conferring  the  jurisdiction  and  prescribing  the  mode  by  which  the 
federal  government  should  exercise  it  in  the  case  of  the  Cumberland  road. 
He  returned  it  with  objections  to  its  passage,  and  in  assigning  them,  took  oc- 
casion to  say,  that  in  the  early  stages  of  the  government,  he  had  inclined  to 
the  construction  that  it  had  no  right  to  expend  money,  except  in  the  per- 
formance of  acts  authorized  by  the  other  specific  grants  of  power  accord- 
in"-  to  a  strict  construction  of  them;    but  that,  on  further  reflection  and 
observation,  his  mind  had  undergone  a  change;  that  his  opinion  then  was, 
"that  congress  have  an  unlimited  power  to  raise  money,  and  that  in  its 
appropriation,  they  liavc  a  discretionary  power,  restricted  only  by  the 
duty  to  appropriate  it  to  purposes  of  common  defence,  and  of  general, 
not  local,  national,  not  state  benefit;"  and  this  was  avowed  to  be  the  go- 
verning principle  through  the  i-esiduc  of  his  administration.     The  views 
of  the  last  administration  are  of  such  recent  date  as  to  render  a  particular 
reference  to  them  unnecessary.     It  is  well  known  that  the  appropriating 
power,  to  the  utmost  extent  which  had  been  claimed  lor  it,  in  relation  to 
internal  improvements,  was  fully  recognized  and  exercised  by  it. 

This  brief  reference  to  known  facts,  will  be  sufficient  to  show  the  dif- 
ficulty, if  not  impracticability,  of  bringing  back  the  operations  of  the  go- 
vernment to  the  construction  of  the  constitution  set  up  in  1793,  assuming 
that  to  be  its  true  reading,  in  relation  to  the  power  under  consideration: 
thus  giving  an  admonitory  proof  of  the  force  of  implication,  and  the  ne- 
cessity of  guarding  the  constitution  with  sleepless  vigilance,  against  the 


1830.]  31 

authority  of  precedents  wliich  have  not  the  sanction  of  its  most  plainly 
defined  powers.  For,  although  it  is  the  duty  of  all  to  look  to  that  sacred 
instrument,  instead  of  the  statute  book,  to  repudiate  at  all  times,  en- 
croachments upon  Its  spirit,  which  are  too  apt  to  be  effected  by  the  con- 
juncture of  peculiar  and  facilitating  circumstances;  it  is  not  less  true,  that 
the  public  good  and  the  nature  of  our  political  institutions  require,  that 
individual  differences  should  yield  to  a  well  settled  acquiescence  of  the 
people  and  confederated  authorities,  in  particular  constructions  of  the 
constitution,  on  doubtful  points.  Not  to  concede  this  much  to  the  spirit 
of  our  institutions,  would  impair  their  stability,  and  defeat  the  objects  of 
the  constitution  itself. 

Tiie  bill  before  me  does  not  call  for  a  more  definite  opinion  upon  the 
particular  circumstances  which  will  warrant  appropriations  of  money  by 
congress,  to  aid  works  of  internal  improvement,  for  althougli  the  exten- 
sion of  the  power  to  apply  money  beyond  that  of  carrying  into  effect  the 
object  for  which  it  is  appropriated,  has  as  we  have  seen,  been  long  claim- 
ed and  exercised  by  tlie  federal  government,  yet  such  grants  have  always 
been  professedly  under  the  control  of  the  general  principle,  that  the 
works  which  might  be  thus  aided,  should  be  "of  a  general,  not  local — na- 
tional, not  state"  character.  A  disregard  of  this  distinction  would  of  ne- 
cessity lead  to  the  subversion  of  the  federal  system.  That  even  this  is 
an  unsafe  one,  arbitrary  in  its  nature,  and  liable,  consequently,  to  great 
abuses,  is  too  obvious  to  require  the  confirmation  of  experience.  It  is, 
however,  sufficiently  definite  and  imperative  to  my  mind,  to  forbid  my  ap- 
probation of  any  bill  having  the  character  of  the  one  under  consideration. 
I  have  given  to  its  provi-sions  all  the  reflection  demanded  by  a  just  regard 
for  the  interests  of  those  of  our  fellow  citizens  who  have  desired  its  pas- 
sage, and  by  the  respect  which  is  due  to  a  co-ordinate  branch  of  the  go- 
verment;  but  I  am  not  able  to  view  it  in  any  other  light  than  as  a  measure 
of  purely  local  character,  or  if  it  can  be  considered  national,  that  no  fur- 
ther distinction  between  the  appropriate  duties  of  the  general  and  state 
government,  need  be  attempted:  for  there  can  be  no  local  interest  that 
may  not  with  equal  propriety  be  denominated  national.  It  has  no  con- 
nexion witii  any  established  system  ofimprovements;  is  exclusively  with- 
in the  limits  of  a'state,  starting  at  a  point  on  the  Ohio  river,  and  running 
out  sixty  miles  to  an  interior  town;  and  even  as  far  as  llio  state  is  inter- 
ested, conferring  partial,  instead  of  general  advantages. 

Considering  the  magnitude  and  importance  of  tlie  power,  and  the  em- 
barrassments to  which,  from  the  very  nature  of  ttie  thing,  its  exercise 
must,  necessarily,  be  subjected;  the  real  friends  of  internal  improvement 
ought  not  to  be  willing  to  confide  it  to  accident  and  chance.  What  is  pro- 
perly niUio7ial  m  its  character,  or  otherwise,  is  an  inquiry  whicii  is  often 
extremely  difficult  of  solution.  The  appropriations  of  one  year,  for  an 
object  which  is  considered  national,  may  be  rendered  nugatory,  by  the 
refusal  of  a  succeeding  congress  to  continue  the  work,  on  the  ground  that 
it  is  local.  No  aid  can  be  derived  from  the  intervention  of  corporations. 
The  question  regards«  die  cliaracter  of  the  work,  not  that  of  those  by 
whom  it  IS  to  be  accomplished.  Notwithstanding  the  union  of  the  go- 
vernment with  the  corporation,  by  whose  immediate  agency,  any  work 


32  [May, 

of  internal  improvement  is  carried  on,  the  inquiry  will  still  remain,  is  it 
national  and  conducive  to  the  heneiit  of  the  whole,  or  local,  and  operating 
only  to  the  advantage  of  a  portion  ot  the  union? 

But,  although,  I  might  not  feel  it  to  be  my  official  duty  to  interpose 
the  executive  veto,  to  the  passage  of  a  bill  appropriating  money  for  the 
construction  of  such  works  as  are  authorized  by  the  states,  and  are  na- 
tional in  their  character,  I  do  not  wish  to  be  understood  as  expressing  an 
opinion,  that  it  is  expedient  at  this  time,  for  the  general  government  to 
embark  in  a  system  of  this  kind,  and,  anxious  that  my  constituents  should 
be  possessed  of  my  views,  on  this,  as  well  as  on  all  other  subjects, 
which  they  have  committed  to  my  discretion,  I  shall  state  them 
frankly  and  briefly.  Besides  many  minor  considerations,  there  are  two 
prominent  views  of  the  subject,  which  have  made  a  deep  impression  upon 
my  mind,  which,  I  think,  are  well  entitled  to  your  serious  attention,  and 
will,  I  hope,  be  maturely  weighed  by  the  people. 

From  the  official  communication  submitted  to  you,  it  appears,  that  if 
no  adverse  and  unforeseen  contingency  happens  in  our  foreign  relations, 
and  no  unusual  diversion  be  made  of  the  funds  set  apart  for  the  payment 
of  the  national  debt,  w"e  may  look  with  confidence  to  its  entire  extin- 
guishment in  the  short  period  of  four  years.  The  extent  to  which  this 
pleasing  anticipation  is  dependent  upon  the  policy,  which  may  be  pur- 
sued in  relation  to  measures,  of  the  character  of  the  one,  now  under  con- 
sideration, must  be  obvious  to  all,  and  equally  so,  that  the  events  of  the 
present  session  are  well  calculated  to  awaken  public  solicitude  upon  the 
subject.  By  the  statement  from  the  treasury  department,  and  those  from 
the  clerks  of  the  Senate  and  House  of  Representatives,  herewith  submit- 
ted, it  appears  that  the  bills  which  have  passed  into  laws,  and  those 
which  in  all  probability,  will  pass  before  the  adjournment  of  congress, 
anticipate  appropriations  which,  with  the  ordinary  expenditures  for  the 
support  of  government,  will  exceed  considerably  the  amount  in  the  trea- 
sury for  the  year  1830.  Thus,  whilst  we  are  diminishing  the  revenue  by 
a  reduction  of  the  duties  on  tea,  coffee,  and  cocoa,  the  appropriations  for 
internal  improvement  are  increasing  beyond  the  available  means  of  the 
treasury;  and  if  to  this  calculation  be  added  the  amount  contained  in  bills 
which  are  pending  before  the  two  houses,  it  may  be  safely  affirmed,  that 
ten  millions  of  dollars  would  not  make  up  the  excess  over  the  treasury 
receipts,  unless  the  payment  of  the  national  debt  be  postponed,  and  the 
means  now  pledged  to  that  object  applied  to  those  enumerated  in  these  bills. 
Without  a  well  regulated  system  of  internal  improvement,  this  exhaust- 
ipg  mode  of  appropriation  is  not  likely  to  be  avoided,  and  the  plain  con- 
sequence must  be,  either  a  continuance  of  the  national  debt,  or  a  resort 
to  additional  taxes. 

Although  many  of  the  states,  with  a  laudable  zeal,  and  under  the  influ- 
ence of  an  enlightened  policy,  are  successfully  applying  their  separate 
efforts  to  works  of  this  character,  the  desire  to  enlist  the  aid  of  the  gene- 
ral government  in  the  construction  of  such  as  from  their  nature  ought  to 
devolve  upon  it,  and  to  which  the  means  of  the  individual  states  are  in- 
adequate, is  both  rational  and  patriotic;  and,  if  that  desire  is  not  gratified 
now,  it  docs  not  follow  that  it  never  will  be.     The  general  intelligence 


1830.]  33 

and  public  spirit  of  the  American  people,  furnish  a  sure  guarantee,  that 
at  the  proper  time,  this  policy  will  be  made  to  prevail  under  circum- 
stances more  auspicious  to  its  successful  prosecution,  than  those  which 
now  exist.     But  great  as  this  object  undoubtedly  is,  it  is  not  the  only  one 
which  demands  the  fostering  care  of  the  government.     The  preservation 
and  success  of  the  republican  spirit  rest  with  us.     To  elevate  its  cha- 
racter, and  extend  its  influence,  rank  among  our  most  important  duties; 
and  the  best  means  to  accomplish  this  desirable  end,  are  those  which  will 
rivet  the  attachment  of  our  citizens  to  the  government  of  their  choice,  by 
the  comparative  lightness  of  their  public  burdens,  and  by  the  attraction 
which  the  superior  success  of  its  operations  will  present  to  the  admira- 
tion and  respect  of  the  world. — Through  the  favor  of  an  over-ruling  and 
indulgent  Providence,  our  country  is  blessed  with  general  prosperity,  and 
our  citizens  exempted  from  the  pressure  of  taxation,  which  other,  less  fa- 
vored portions  of  the  human  family,  are  obliged  to  bear,  yet  it  is  true, 
that  many  of  the  taxes  collected  from  our  citizens,  through  the  medium 
of  imposts,  have,  for  a  considerable  period,  been  onerous.     In  many  par- 
ticulars, these  taxes  have  borne  severely  upon  the  laboring  and  less  pros- 
perous classes  of  the  community,  being  imposed  on  the  necessaries  of  life, 
and  this,  too,  in  cases  where  the  burden  was  not  relieved  by  the  con- 
sciousness, that  it  would  ultimately  contribute  to  make  us  independent  of 
foreign  nations  for  articles  of  prime  necessity,  by  the  encouragement  of 
their  growth  and  manufacture  at  home.     They  have  been   cheerfully 
borne,  because  they  were  thought  to  be  necessary  to  the  support  of  go- 
vernment, and  the  payment  of  the  debts  unavoidably  incurred  in  the  ac- 
quisition and  maintenance  of  our  national  rights  and  liberties.     But  have 
we  a  right  to  calculate  on  the  same  cheerful  acquiescence,  when  it  is 
known  that  the  necessity  for  their  continuance  would  cease,  were  it  not 
for  the  irregular,  improvident,  and  unequal  appropriations  of  the  public 
funds?     Will  not  the  people  demand,  as  they  have  a  right  to  do,  such  a 
prudent  system  of  expenditure,  as  will  pay  the  debts  of  the  union,  and  au- 
thorize the  reduction  of  every  tax,  to  as  low  a  point  as  the  wise  obser- 
vance of  the  necessity  to  protect  that  portion  of  our  manufactures  and  la- 
bor, whose  prosperity  is  essential  to  our  national  safety  and  independence, 
will  allow.^     When  the  national  debt  is  paid,  the  duties  upon  those  arti- 
cles which  we  do  not  raise,  may  be  repealed  with  safety,  and  still  leave, 
I  trust,  without  oppression  to  any  section  of  the  country,  an  accumulat- 
ing surplus  fund,  which  may  be  beneficially  applied  to  some  weU  digest- 
ed system  of  improvement. 

Under  this  view,  the  question,  as  to  the  manner  in  which  the  federal 
government  can,  or  ought  to  embark  in  the  construction  of  roads  and  ca- 
nals, and  the  extent  to  which  it  may  impose  burthens  on  the  people  for 
these  purposes,  may  be  presented  on  its  own  merits,  free  of  all  disguise, 
and  of  every  embarrassment,  except  such  as  may  arise  from  the  constitu- 
tion itself  Assuming  these  suggestions  to  be  correct,  will  not  our  con- 
stituents require  the  observance  of  of  a  course  by  which  they  can  be  ef- 
fected.'' Ought  they  not  to  require  it.^ — With  the  best  dispositions  to  aid, 
as  far  as  I  can  conscientiously,  in  furtherance  of  works  of  internal  im- 
provement, my  opinion  is,  that  the  soundest  views  of  national  policy  at 


34  [May, 

this  lime,  point  to  such  a  course. — Besides,  the  avoidance  of  an  evil  influ- 
ence upon  tlie  local  concerns  of  the  country,  how  solid  is  the  advantage 
which  the  government  will  reap  from  it  in  the  elevation  of  its  character? 
How  gratifying  the  effect  of  presenting  to  the  world  the  sublime  specta- 
cle of  a  republic  of  more  than  twelve  millions  of  happy  people,  in  the 
fifty-fourth  year  of  her  existence,  after  having  passed  through  two  pro- 
tracted wars;  the  one  for  the  acquisition,  and  the  other  for  the  mainten- 
ance of  liberty,  free  from  debt,  and  with  all  her  immense  resources  un- 
fettered! What  a  salutary  influence  Vv'ould  not  such  an  exhibition  exer- 
cise upon  the  cause  of  liberal  principles  and  free  government  throughout 
the  world.  Would  we  not  ourselves  find,  in  its  effect,  an  additional  guar- 
antee, that  our  political  institutions  will  be  transmitted  to  the  most  remote 
posterity,  without  decay?  A  course  of  policy  destined  to  witness  events 
like  these,  cannot  be  benefitted  by  a  legislation  which  tolerates  a  scram- 
ble for  appropriations  that  have  no  relation  to  any  general  system  of  im- 
provement, and  whose  good  effects  must,  of  necessity,  be  very  limited. 
In  the  best  view  of  these  appropriations,  the  abuses  to  whicii  they  lead, 
far  exceed  the  good  wiiich  they  are  capable  of  promoting.  They  may 
be  resorted  to  as  artful  expedients,  to  shift  upon  the  government  the 
losses  of  unsuccessful  private  speculation,  and  thus  by  ministering  to  per- 
sonal ambition  and  self  aggrandizement,  tend  to  sap  the  foundations  of 
public  virtue,  and  taint  the  administration  of  the  government  with  a  de- 
moralizing influence. 

In  the  other  view  of  the  subject,  and  the  only  remaining  one,  which  it 
is  my  intention  to  present  at  this  time,  is  involved  the  expediency  of  em- 
barking in  a  system  of  internal  improvement,  without  a  previous  amend- 
ment of  the  constitution,  explaining,  and  defining  the  precise  powers  of  the 
federal  governmen  over  it:  assuming  the  right  to  appropriate  money,  to 
aid  in  the  construction  of  national  works,  to  be  warranted  by  the  cotem- 
poraneous  and  continued  exposition  of  the  constitution,  its  insuificiency 
for  the  successful  prosecution  of  them,  must  be  admitted  by  all  candid 
minds.  If  we  look  to  usage  to  deline  the  extent  of  the  right,  that  will 
be  found  so  variant,  and  embracing  so  much  that  has  been  overruled,  as 
to  involve  the  whole  subject  in  great  uncertainty,  and  to  render  the  exe- 
cution of  our  respective  duties  in  relation  to  it,  replete  with  difficulty  and 
embarrassment.  It  is  in  regard  to  such  works,  and  the  acquisition  of  ad- 
ditional territory,  that  the  practice  obtained  its  first  footing.  In  most,  if 
not  all  other  disputed  questions  of  appropriation,  the  construction  of  tlie 
constitution  may  be  regarded  as  unsettled,  if  tlie  right  to  apply  money,  in 
the  enumerated  cases,  is  placed  on  the  g-round  of  usage. 

This  subject  has  been  one  of  much,  and  I  may  add,  painful  reflection 
to  me.  It  has  bearings  that  are  well  calculated  to  exert  a  powerful  influ- 
ence upon  our  hitherto  prosperous  system  of  government,  and  which,  on 
some  accounts,  may  even  excite  despondency  in  the  breast  of  an  Ameri- 
can citizen.  I  will  not  detain  you  with  professions  of  zeal  in  the  cause 
of  internal  improvements.  If  to  be  their  friend  is  a  virtue  which  deserves 
commendation,  our  country  is  blessed  with  an  abundance  of  it;  for  I  do 
not  suppose  there  is  an  intelligent  citizen  who  does  not  wish  to  see  them 
flourish.     But  though  all  are  their  friends,  but  few,  I  trust,  are  unmind- 


1830.]  35 

ful  of  the  means  by  which  they  should  be  promoted:  none  certainly  are 
so  degenerate  as  to  desire  their  success  at  the  cost  of  that  sacred  instru- 
ment, with  the  preservation  of  which  is  indissolubly  bound  our  country's 
hopes.  If  different  impressions  are  entertained  in  any  quarter;  if  it  is 
expected  that  the  people  of  this  country,  reckless  of  their  constitutional 
obligations,  will  prefer  their  local  interest  to  the  principles  of  the  union, 
such  expectations  will  in  the  end  be  disappointed;  or,  if  it  be  not  so,  then, 
indeed,  has  the  world  but  little  to  hope  from  the  example  of  free  govern- 
ment. When  an  honest  observance  of  constitutional  compacts  cannot  be 
obtained  from  communities  like  ours,  it  need  not  be  anticipated  else- 
w^here;  and  the  cause  in  which  there  has  been  so  much  martyrdom,  and 
from  which  so  much  w^as  expected  by  the  friends  of  liberty,  may  be 
abandoned;  and  the  degrading  truth,  that  man  is  unfit  for  self-govern- 
ment, admitted.  And  this  w^ill  be  the  case  if  expediency  be  made  a  rule 
of  construction  in  interpreting  the  constitution.  Power,  in  no  govern- 
ment, could  desire  a  better  sliield  for  the  insidious  advances,  which  it  is 
ever  ready  to  make,  upon  the  checks  that  are  designed  to  restrain  its  ac- 
tion. 

But  I  do  not  entertain  such  gloomy  apprehensions. — If  it  be  the  wish 
of  the  people  that  the  construction  of  roads  and  canals  should  be  conduct- 
ed by  the  federal  government,  it  is  not  only  highly  expedient,  but  indis- 
pensably necessary,  that  a  previous  amendment  of  the  constitution,  dele- 
gating the  necessary  power,  and  defining  and  restricting  its  exercise  with 
reference  to  the  sovereignty  of  the  states,  should  be  made.  Without  it, 
nothing  extensively  useful  can  be  effected.  The  right  to  exercise  as 
much  jurisdiction  as  is  necessary  to  preserve  the  works,  and  to  raise  funds 
by  the  collection  of  tolls  to  keep  them  in  repair,  cannot  be  dispensed 
with.  The  Cumberland  road  should  be  an  instructive  admonition  of  the 
consequences  of  acting  without  this  right.  Year  after  year,  contests  are 
witnessed,  growing  out  of  efforts,  to  obtain  the  necessary  appropriations 
for  completing  and  repairing  this  useful  work.  Whilst  one  congress  may 
claim  and  exercise  the  power,  a  succeeding  one  may  deny  it,  and  this 
fluctuation  of  opmion  must  be  unavoidably  fatal  to  any  scheme,  which, 
from  its  extent,  would  promote  the  interests  and  elevate  the  character  of 
the  country.  The  experience  of  the  past  has  shown  that  the  opinion  of 
congress  is  subject  to  such  fluctuations. 

If  it  be  the  desire  of  the  people  that  the  agency  of  the  federal  govern- 
ment should  be  confined  to  the  appropriation  of  money,  in  aid  of  such 
undertakings,  in  virtue  of  state  authorities,  then  the  occasion,  the  manner, 
and  the  extent  of  the  appropriations,  should  be  made  the  subject  of  con- 
stitutional regulation.  This  is  the  more  necessary,  in  order  that  they  may 
be  equitable  among  the  several  states;  promote  harmony  between  differ- 
ent sections  of  the  union  and  their  representatives;  preserve  other  parts 
of  the  constitution  from  being  undermined  by  the  exercise  of  doubtful 
powers,  or  the  too  great  extension  of  those  whicli  are  not  so;  and  protect 
the  whole  subject  against  the  deleterious  influence  of  combinations  to 
carry,  by  concert,  measures  which,  considered  themselves,  might  meet 
but  little  countenance. 

That  a  constitutional  adjustment  of  this  power,  upon  equitable  princi- 


36  [May, 

pies,  is,  in  the  highest  degree  desirable,  can  scarcely  be  doubted;  nor 
can  it  fail  to  be  promoted  by  every  sincere  friend  to  the  success  of  our 
political  institutions.  In  no  government  are  appeals  to  the  source  of 
power,  in  cases  of  real  doubt,  more  suitable  than  in  ours.  No  good  mo- 
tive can  be  assigned  for  the  exercise  of  poiver  by  the  constituted  autliorities, 
wliilst  those,  for  whose  benefit  it  is  to  be  exercised,  have  not  conferred 
it,  and  may  not  be  wiHing  to  confer  it.  It  would  seem  to  me  that  an 
honest  application  of  the  conceded  powers  of  the  general  government  to 
the  advancement  of  the  common  weal,  presents  a  suflicient  scope  to  sa- 
tisfy a  reasonable  ambition.  The  difficulty  and  supposed  impracticabi- 
lity of  obtaining  an  amendment  of  the  constitution  in  this  respect,  is,  I 
firmly  believe,  in  a  great  degree,  unfounded.  Time  has  never  yei  been, 
when  the  patriotism  and  intelligence  of  the  American  people  were  not 
fully  equal  to  the  greatest  exigency,  and  it  never  will,  when  the  subject 
calling  forth  their  interposition  is  plainly  presented  to  them.  To  do  so 
with  the  questions  involved  in  this  bill,  and  to  urge  them  to  an  early, 
zealous,  and  full  consideration  of  their  deep  importance,  is,  in  my  estima- 
tion among  the  highest  of  our  duties. 

A  supposed  connexion  between  appropriations  for  internal  improve- 
ment and  the  system  of  protecting  duties,  growing  out  of  the  anxieties  of 
those  more  immediately  interested  in  their  success,  has  given  rise  to  sug- 
gestions which  it  is  proper  I  should  notice  on  this  occasion.  My  opin- 
ions on  these  subjects  have  never  been  concealed  from  those  who  had  a 
right  to  know  them.  Those  which  I  have  entertained  on  the  latter  have 
frequently  placed  me  in  opposition  to  individuals  as  well  as  communities, 
whose  claims  upon  my  friendship,  and  gratitude  are  of  the  strongest  cha- 
racter; but  I  trust  there  has  been  nothing  in  my  public  life  which  has  ex- 
posed me  to  the  suspicion  of  being  thought  capable  of  sacrificing  my 
views  of  duty  to  private  considerations,  however  strong  they  may  have 
been,  or  deep  the  regrets  which  they  are  capable  of  exciting. 

As  long  as  the  encouragement  of  domestic  manufactures  is  directed  to 
national  ends,  it  shall  receive  from  me  a  temperate  but  steady  support. 
There  is  no  necessary  connexion  between  it  and  the  system  of  appropria- 
tions.    On  the  contrary,  it  appears  to  me  that  the  supposition  ot  their  de- 
pendence upon  each  otiier,  is  calculated  to  excite  the  prejudices  of  the 
public  against  both.     The  former  is  sustained  on  the  grounds  of  its  con- 
sistency with  the  letter  and  spirit  of  the  constitution,  of  its  origin  being 
traced  to  the  assent  of  all  the  parties  to  the  original  compact,  and  of  its 
having  tlie  support  and  approbation  of  a  majority  of  the  people;  on  which 
account,  it  is  at  least  entitled  to  a  fair  experiment.     The  suggestions  to 
wliich  I  have  alluded  refer  to  a  forced  continuance  of  the  national  debt, 
by  means  of  large  appropriations,  as  a  substitute  for  the  security  which 
the  system  derives  from  the  principles  on  which  it  has  hitherto  been  sus- 
tained.    Such  a  course  would  certainly  indicate  either  an  unreasonable 
distrust  of  the  people,  or  a  consciousness  that  the  system  does  not  possess 
suihcicnt  soundness  for  its  support,  if  left  to  their  voluntary  choice,  and 
to  its  own  merits.     Those  who  suppose  that  any  policy  thus  founded  can 
be  long  upheld  in  this  country,  have  looked  upon  its  history  with  eyes 
very  different  from  mine.     This  policy,  like  every  other,  must  abide  the 


1830.]  gy 

will  of  the  people,  who  will  not  be  likely  to  allow  any  device,  however 
specious,  to  conceal  its  character  and  tendency. 

In  presenting  these  opinions  I  have  spoken  with  the  freedom  and  can- 
dor which  I  thought  the  occasion  for  their  expression  called  for,  and  now 
respectfully  return  the  bill  which  has  been  under  consideration  for  your 
lurther  deliberation  and  judgment. 

ANDREW  JACKSON. 


May  27,  1830. 


MESSAGE  TO  CONGRESS. 


COMMUNICATED 


DECEMBER  7,  1830. 


MESSAGE   TO   CONGRESS 

Cominuiiicated  December  7,  1830. 


Fellow  citizens  of  the  Senate 

and  of  the  House  of  Representatives: 

The  pleasure  I  have  in  congratulating  you  on  your  return  to  your  con- 
stitutional duties  is  much  heightened  by  the  satisfaction  which  the  condi- 
tion of  our  beloved  country  at  this  period  justly  inspires.  The  benefi- 
cent Author  of  all  good  has  granted  to  us,  during  the  present  year,  health, 
peace,  and  plenty,  and  numerous  causes  for  joy  in  the  wonderful  success 
which  attends  the  progress  of  our  free  institutions. 

With  a  population  unparalleled  in  its  increase,  and  possessing  a  charac- 
ter which  combines  the  hardihood  of  enterprise  with  the  considerateness 
of  wisdom,  we  see  in  every  section  of  our  happy  country  a  steady  im- 
provement in  the  means  of  social  intercourse,  and  correspondent  effects 
upon  the  genius  and  laws  of  our  extended  republic. 

The  apparent  exceptions  to  the  harmony  of  the  prospect  are  to  be  re- 
ferred rather  to  the  inevitable  diversities  in  the  various  interests  which  enter 
into  the  composition  of  so  extensive  a  whole,  than  to  any  want  of  attach- 
ment to  the  union — interests  whose  collisions  serve  only,  in  the  end,  to 
foster  the  spirit  of  conciliation  and  patriotism,  so  essential  to  the  preser- 
vation of  that  union  which,  I  most  devoutly  hope,  is  destined  to  prove 
imperishable. 

In  the  midst  of  these  blessings,  we  have  recently  witnessed  changes  in 
the  condition  of  other  nations,  which  may  in  their  consequences,  call  for 
the  utmost  vigilance,  wisdom  and  unanimity,  in  our  councils,  and  the  ex- 
ercise of  all  the  moderation  and  patriotism  of  our  people. 

The  important  modifications,  of  their  government,  effected  with  so 
much  courage  and  wisdom  by  the  people  of  France,  afford  a  happy  pre- 
sage of  their  future  course,  and  has  naturally  elicited  from  the  kindred 
feelings  of  this  nation  that  spontaneous  and  universal  burst  of  applause  in 
which  you  have  participated.  In  congratulating  you,  my  fellow  citizens, 
upon  an  event  so  auspicious  to  the  dearest  interests  of  mankind,  I  do  no 
more  than  respond  to  the  voice  of  my  country,  without  transcending,  in 
the  slightest  degree,  that  salutary  maxim  of  the  illustrious  Washington, 
which  enjoins  an  abstinence  from  all  interference  with  the  internal  affairs 
of  other  nations.     From  a  people  exercising,  in  the  most  unlimited  de- 


42  [December, 

gree,  the  right  of  self-government,  and  enjoying,  as  derived  from  tliis 
proud  charncteristic  under  the  favor  of  heaven,  much  of  the  happiness 
with  which  they  are  blessed;  a  people  wlio  can  point  in  triumph  to  their 
free  institutions,  and  challenge  comparison  with  the  fruits  they  bear,  as 
well  as  with  the  moderation,  intelligence  and  energy,  with  which  they 
are  administered;  from  such  a  people,  the  deepest  sympathy  was  to  be 
expected  in  a  struggle  for  the  sacred  principles  of  liberty,  conducted,  in 
a  spirit  every  way  worthy  of  the  cause,  and  crowned  by  an  heroic  mode- 
ration which  has  disarmed  revolution  of  its  terrors.  Notwithstanding 
the  strong  assurances  which  the  man  whom  we  so  sincerely  love  and 
justly  admire  has  given  to  the  world  of  the  high  character  of  the  present 
king  of  the  French,  and  which,  if  sustained  to  the  end,  will  secure  to  him 
the  proud  appellation  of  patriot  king,  it  is  not  in  his  success,  but  in  that 
of  the  great  principle  which  has  borne  him  to  the  throne — the  paramount 
authority  to  the  public  will — that  the  American  people  rejoice. 

I  am  happy  to  inform  you  that  the  anticipations  which  were  indulged 
at  the  date  of  my  last  communication  on  the  subject  of  our  foreign  affairs, 
have  been  fully  realized  in  several  important  particulars. 

An  arrangement  has  been  effected  with  Great  Britain  in  relation  to  the 
trade  between  the  United  States  and  her  West  India  and  North  Ameri- 
can colonies,  which  has  settled  a  question  that  has  for  years  afforded 
matter  for  contention  and  almost  uninterrupted  discussion,  and  has  been 
the  subject  of  no  less  than  six  negotiations,  in  a  manner  which  promises 
results  highly  favorable  to  the  parties. 

The  abstract  right  of  Great  Britain  to  monopolize  the  trade  with  her 
colonies,  or  to  exclude  us  from  a  participation  therein,  has  never  been  de- 
nied by  the  U.  States.  But  we  have  contended,  and  with  reason,  that  if 
at  any  time,  Great  Britain  may  desire  the  productions  of  this  country  as 
necessary  to  her  colonies,  they  must  be  received  upon  principles  of  just 
reciprocity;  and  further,  that  it  is  making  an  invidious  and  unfriendly  dis- 
tinction to  open  her  colonial  ports  to  the  vessels  of  other  nations,  and  close 
them  against  those  of  the  United  States. 

Antecedently  to  1794,  a  portion  of  our  productions  was  admitted  into 
the  colonial  islands  of  Great  Britain,  by  particular  concession,  limited  to 
the  term  of  one  year,  but  renewed  from  year  to  year.  In  the  transporta- 
tion of  these  productions,  however,  our  vessels  w^ere  not  allowed  to  en- 
gage; this  being  a  privilege  reserved  to  British  shipping,  by  which  alone 
our  produce  could  be  taken  to  the  islands,  and  theirs  brought  to  us  in  re- 
turn. From  Newfoundland  and  her  continental  possessions,  all  our  pro- 
ductions, as  well  as  our  vessels  were  excluded  with  occasional  relaxa- 
tions, by  which  in  seasons  of  distress,  the  former  were  admitted  in  Bri- 
tish bottoms. 

By  the  treaty  of  1794,  she  offered  to  concede  to  us,  for  a  limited  time, 
the  right  of  carrying  to  her  West  India  possessions,  in  our  vessels  not  ex- 
ceeding seventy  tons  burthen,  and  upon  the  same  terms  as  British  vessels, 
any  productions  of  the  United  States  which  British  vessels  might  import 
therefrom.  But  this  privilege  was  coupled  with  conditions  which  are 
supposed  to  have  led  to  its  rejection  by  the  Senate:  that  is,  that  Ameri- 
can vessels  should  land  their  return  cargoes  in  the  United  States  only; 


1830.]  43 

and  moreover,  that  tljey  sliould,  during  the  continuance  of  the  privilege, 
be  precluded  from  carryin.2f  molasses,  sugar,  cocoa,  or  cotton,  either  from 
those  islands  or  from  the  United  States,  to  any  other  part  of  the  world. 
Great  Britain  readily  consented  to  expunge  this  article  from  the  treaty; 
and  subsequent  attempts  to  arrange  the  terms  of  the  trade,  either  by  trea- 
ty stipulations  or  concerted  legislation,  having  failed,  it  has  been  succes- 
sively suspended  and  allowed,  according  to  the  varying^  egislation  of  the 
parties. 

The  following  are  the  prominent  points,  which  have,  in  later  years, 
separated  the  two  governments.  Besides  a  restriction,  whereby  all  im- 
portations into  her  colonies  in  American  vessels  are  confined  to  our  own 
products  carried  hence,  a  restriction  to  which  it  does  not  appear  that  we 
have  ever  objected,  a  leading  object  on  the  part  of  Great  Britain  has 
been  to  prevent  us  from  becoming  the  carriers  of  British  West  India 
commodities  to  any  other  country  than  our  own.  On  the  part  of  the 
United  States,  it  has  been  contended,  1st.  That  the  subject  should  be  re- 
gulated by  treaty  stipulations,  in  preference  to  separate  legislation;  2nd. 
That  our  productions,  when  imported  into  the  colonies  in  question,  should 
not  be  subject  to  higher  duties  than  the  productions  of  the  mother  coun- 
try, or  of  her  other  colonial  possessions;  and,  3d.  That  our  vessels  should 
be  allowed  to  participate  in  the  circuitous  trade  between  the  United 
States  and  different  parts  of  the  British  dominions. 

The  first  point,  after  having  been,  for  a  long  time,  strenuously  insisted 
upon  by  Great  Britain,  was  given  up  by  the  act  of  parliament  of  July, 
1825,  all  vessels  suffered  to  trade  with  the  colonies  being  permitted  to 
clear  from  thence  with  any  articles  which  British  vessels  might  export; 
and  proceed  to  any  part  of  the  world.  Great  Britain  and  her  dependen- 
cies alone  excepted.  On  our  part,  each  of  the  above  points  had,  in  suc- 
cession, been  explicitly  abandoned  in  negotiations  preceding  that  of  which 
the  result  is  now  announced. 

This  arrangement  secures  to  the  United  States  every  advantage  asked 
by  them,  and  which  the  state  of  the  negotiation  allowed  us  to  insist  upon. 
The  trade  will  be  placed  upon  a  footing  decidedly  more  favorable  to  this 
country  than  any  on  which  it  ever  stood;  and  our  commerce  and  naviga- 
tion will  enjoy,  in  the  colonial  ports  of  Great  Britain,  every  privilege 
allowed  to  other  nations. 

That  the  prosperity  of  the  country,  so  far  as  it  depends  on  this  trade, 
will  be  greatly  promoted  by  the  new  arrangement,  there  can  be  no  doubt. 
Independently  of  the  more  obvious  advantages  of  an  open  and  direct  in- 
tercourse, its  establishment  will  be  attended  with  other  consequences  of 
a  higher  value.  That  which  has  been  carried  on  since  the  mutual  inter- 
dict under  all  the  expenses  and  inconvenience  unavoidably  incident  to  it, 
would  have  been  insupportably  onerous  had  it  not  been  in  a  great  degree, 
lightened  by  concerted  evasions  in  the  mode  of  making  the  tranship- 
ments at  what  are  called  the  neutral  ports.  These  indirections  are  inconsis- 
tent with  the  dignity  of  nations  that  have  so  many  motives,  not  only  to  cher- 
ish feelings  of  mutual  friendship,  but  to  maintain  such  relations  as  will  sti- 
mulate their  respective  citizens  and  subjects  to  efforts  of  direct,  open  and 


44  [December, 

honorable  competition  only,  will  preserve  them  from  the  influence  of  se- 
ductive and  vitiating  circumstances. 

When  your  preliminary  interposition  was  asked  at  the  close  of  the  last 
session,  a  copy  of  the  instructions  under  which  Mr.  McLane  has  acted, 
together  with  the  communications  which  had  at  that  time  passed  between 
him  and  the  British  government,  was  laid  before  you.  Although  there 
has  not  been  any  thing  in  the  acts  of  the  two  governments  which  re- 
quires secrecy,  it  was  thouglit  most  proper,  in  the  then  state  of  the  nego- 
tiation to  make  that  communication  a  confidential  one.  So  soon,  howe- 
ver, as  the  evidence  of  execution  on  the  part  of  Great  Britain,  is  received, 
the  whole  matter  shall  be  laid  before  you,  when  it  will  be  seen  that  the 
apprehension  which  appears  to  have  suggested  one  of  the  provisions  of 
the  act  passed  at  your  last  session,  that  the  restoration  of  the  trade  in 
question  might  be  connected  with  other  subjects,  and  was  sought  to  be 
obtained  at  the  sacrifice  of  the  public  interest  in  other  particulars,  was 
wholly  unfounded;  and  that  the  change  which  has  taken  place  in  the 
views  of  the  British  government  has  been  induced  by  considerations  as  ho- 
norable to  both  parties,  as,  I  trust,  the  result  will  prove  beneficial. 

This  desirable  result  was,  it  will  be  seen,  greatly  promoted  by  the  li- 
beral and  confiding  provisions  of  the  act  of  congress  of  the  last  session, 
by  which  our  ports  were,  upon  the  reception  and  annunciation  by  the 
president,  of  the  required  assurance  on  the  part  of  Great  Britain,  forth- 
with opened  to  her  vessels,  before  the  arrangement  could  be  carried  into 
effect  on  her  part;  pursuing,  in  this  act  of  prospective  legislation,  a  simi- 
lar course  to  that  adopted  by  Great  Britain,  in  abolishing,  by  her  act  of 
parliament,  in  1825,  a  restriction  then  existing,  and  permitting  our  ves- 
sels to  clear  from  the  colonies,  on  their  return  voyages,  for  any  foreign 
country  whatever,  before  British  vessels  had  been  relieved  from  the  re- 
striction imposed  by  our  law,  of  returning  directly  from  the  U.  States  to 
the  colonies — a  restriction  which  she  required  and  expected  that  we 
should  abolish.  Upon  each  occasion,  a  limited  and  temporary  advantage 
has  been  given  to  the  opposite  party,  but  an  advantage  of  no  importance 
in  comparison  with  the  restoration  of  mutual  confidence  and  good  feel- 
ings, and  the  ultimate  establishment  of  the  trade  upon  fair  principles. 

It  gives  me  unfeigned  pleasure  to  assure  you  that  this  negotiation  has 
been,  throughout,  characterized  by  the  most  frank  and  friendly  spirit  on 
the  part  of  Great  Britain,  and  concluded  in  a  manner  strongly  indicative 
of  a  sincere  desire  to  cultivate  tlie  best  relations  with  the  United  Stales. 
To  reciprocate  this  disposition  to  the  fullest  extent  of  my  ability,  is  a 
duty  which  1  shall  deem  it  a  privilege  to  discharge. 

Although  the  result  is,  itself,  the  best  commentary  on  the  services  ren- 
dered to  ills  country  by  our  minister  at  the  court  of  St.  James,  it  would 
be  doing  violence  to  my  feelings  were  I  to  dismiss  the  subject  without 
expressing  the  very  high  sense  I  entertain  of  the  talent  and  exertion  which 
have  been  displayed  by  him  on  the  occasion. 

The  injury  to  the  commerce  of  the  United  States  resulting  from  the 
exclusion  of  our  vessels  from  the  Black  Sea,  and  the  previous  fooling  of 
mere  suflerance  upon  which  even  the  limited  trade  enjoyed  by  us  with 
Turkey  has  hitherto  been  placed,  have,  for  a  long  time,  been  a  source  of 


1830.]  45 

much  solicitude  to  this  government;  and  several  endeavors  have  been 
made  to  obtain  a  better  state  of  things.  Sensible  of  the  importance  of 
the  object,  I  felt  it  my  duty  to  leave  no  proper  means  unemployed  to  ac- 
quire for  our  flag  the  same  privileges  that  are  enjoyed  by  the  principal 
powers  of  Europe  Commissioners  were,  consequently,  appointed  to 
open  a  negotiation  with  the  Sublime  Porte.  Not  long  after  the  member 
of  the  commission  wl)0  went  directly  from  the  United  States  had  sailed, 
the  account  of  the  treaty  of  Adrianople,  by  which  one  of  the  objects  in 
view  was  supposed  to  be  secured,  reached  this  country.  The  Black  Sea 
was  understood  to  be  opened  to  us.  Under  the  supposition  that  this  was 
the  case,  the  additional  tacilitics  to  be  derived  from  the  establishment  of 
commercial  regulations  with  the  Porte,  were  deemed  of  sufficient  impor- 
tance to  require  a  prosecution  of  the  negotiation  as  originally  contemplat- 
ed. It  w^as  therefore  persevered  in,  and  resulted  in  a  treaty,  which  will 
be  forthwith  laid  before  the  senate. 

By  its  provisions,  a  free  passage  is  secured,  without  limitation  of  time, 
to  the  vessels  of  the  United  States,  to  and  from  the  Black  Sea,  including 
the  navigation  thereof;  and  our  trade  with  Turkey  is  placed  on  the  loot- 
ing of  the  most  favored  nation.  The  latter  is  an  arrangement  wholly  in- 
dependent of  the  treaty  of  Adrianople;  and  the  former  derives  much  value, 
not  only  from  the  increased  security  which,  under  any  circumstaljbes,  it 
would  give  to  the  right  in  question,  but  t>om  the  fac-t,  ascertained  in  the 
course  of  the  negotiation,  that,  by  the  construction  put  upon  that  treaty 
by  Turkey,  the  article  relating  to  the  passage  of  the  Bosphorus  is  con- 
fined to  nations  having  treaties  with  the  Porte.  The  most  friendly  feel- 
ings appear  to  be  entertained  by  the  sultan,  and  an  enlightened  disposition 
is  evinced  by  him  to  foster  the  intercourse  between  the  two  countries  by 
the  most  liberal  arrangements.  This  disposition  it  will  be  our  duty  and 
interest  to  cherish. 

Our  relations  with  Russia  are  of  the  most  stable  character.  Respect 
for  that  empire,  and  confidence  in  its  friendship  towards  the  United 
States,  have  been  so  long  entertained  on  our  part,  and  so  carefully  cher- 
ished by  the  present  emperor  and  his  illustrious  predecessor,  as  to  have 
become  incorporated  with  the  public  sentiment  of  the  United  States. 
No  means  will  be  left  unemployed  on  my  part  to  promote  these  salutary 
feelings,  and  those  improvements  of  which  the  commercial  intercourse 
between  the  two  countries  is  susceptible,  and  which  have  derived  increas- 
ed importance  from  our  treaty  with  the  Sublime  Porte. 

1  smcerely  regret  to  inform  you  that  our  minister  lately  commissioned 
to  that  court,  on  whose  distinguished  talents  and  great  experience  in  pub- 
lic aflairs  1  place  great  reliance,  has  been  compelled  by  extreme  indispo- 
sition, to  exercise  a  privilege,  which,  in  consideration  of  the  extent  to 
which  his  constitution  had  been  impaired  in  the  public  service,  was  com- 
mitted to  his  discretion — of  leaving  temporarily  his  post  for  the  advantage 
of  a  more  genial  climate. 

If,  as  it  is  to  be  hoped,  the  improvement  of  his  health  should  be  such 
as  to  justify  him  in  doing  so,  he  will  repair  to  St.  Petersburg,  and  resume 
the  discharge  of  his  official  duties.  I  have  received  the  most  satisfacto- 
6 


46  [December, 

ry  assurance  that,  in  the  mean  time,  the  public  interests  in  that  quarter 
will  be  preserved  from  prejudice,  by  the  intercourse,  which  he  will  con* 
tinue,  through  the  secretary  of  legation,  with  the  Russian  cabinet. 

You  are  apprised,  although  the  fact  has  not  yet  been  officially  announc- 
ed to  the  House  of  Representatives,  that  a  treaty  was,  in  the  month  of 
March  last,  concluded  between  the  United  States  and  Denmark,  by 
which  $630,000  are  secured  to  our  citizens  as  an  indemnity  for  spolia- 
tions upon  their  commerce  in  the  years  1808.  1809,  1810,  and  181  L 
This  treaty  was  sanctioned  by  the  Senate  at  the  close  ol  its  last  session, 
and  it  now  becomes  the  duty  of  congress  to  pass  the  necessary  laws  for 
the  organization  of  the  board  of  commissioners  to  distribute  the  indem- 
nity amongst  the  claimants.  It  is  an  agreeable  circumstance  of  this  ad- 
justment, that  its  terms  are  in  conformity  with  the  previously  ascertain- 
ed views  of  the  claimants  themselves;  thus  removing  all  pretence  for  a 
future  agitation  of  the  subject  in  any  form. 

The  negotiations  in  regard  to  such  points  in  our  foreign  relations  as  re- 
mained to  be  adjusted,  have  been  actively  prosecuted  during  the  recess. 
Material  advances  have  been  made,  which  are  of  a  character  to  promise 
favorable  results.  Our  country,  by  the  blessing  of  God,  is  not  in  a  situ- 
ation to  invite  a2f2:ression;  and  it  will  be  our  fault  if  she  ever  becomes  so. 

Sin(>?rely  desirous  to  cultivate  the  most  liberal  and  friendly  relations 
with  all;  ever  ready  to  fulfil  our  engagements  with  scrupulous  fidelity, 
limiting  our  demands  upon  others  to  mere  justice;  holding  ourselves  ever 
ready  to  do  unto  them  as  we  would  wish  to  be  done  by,  and  avoiding  even 
the  appearance  of  undue  partiality  to  any  nation,  it  appears  to  me  impos- 
sible that  a  simple  and  sincere  application  of  our  principles  to  our  foreign 
relations,  can  fail  to  place  them  ultimately  upon  tire  looting  on  which  it 
is  our  wish  they  should  rest. 

Of  the  points  reierred  to,  the  most  prominent  are,  our  claims  upon 
France  for  spoliations  upon  our  commerce;  similar  claims  upon  Spain, 
together  with  embarrassments  in  the  commercial  intercourse  between  ihe 
two  countries  which  ought  to  be  removed;  the  conclusion  of  the  treaty 
of  commerce  and  navigation  with  Mexico,  which  has  been  so  long  in  sus- 
pense, as  well  as  the  final  settlement  of  limits  between  ourselves  and  that 
republic;  and  finally  the  arbitrament  of  the  question  between  the  United 
States  and  Great  Britain  in  regard  to  the  northeastern  boundary. 

The  negotiation  with  France  has  been  conducted  by  our  minister  witb 
zeal  and  ability,  and  in  all  respects  to  my  entire  satislaction.  Although 
the  prospect  of  a  favorable  termination  was  occasionally  dimmed  by 
counter-pretensions,  to  which  the  United  States  could  not  assent,  he  yet 
had  strong  hopes  of  being  able  to  arrive  at  a  satisfactory  settlement  with 
the  late  government.  The  negotiation  has  been  renewed  with  the  pre- 
sent authorities;  and  sensible  of  the  general  and  lively  confidence  of  our- 
citizens  in  the  justice  and  magnanimity  of  regenerated  France,  I  regret 
the  more  not  to  have  it  in  my  power,  yet,  to  announce  the  result  so  con- 
fidently anticipated.  No  ground,  however,  inconsistent  with,  this- expec- 
tation, has  been  taken;  and  I  do  not  allow  myself  to  doubt  that  j^ustice 
will  soon  be  done  to  us.  The  amount  of  the  claims,  the  length  ol.  time 
they  have  remained  unsatisfied,  and  their  incontrovertible  justice,  mak.o 


1830.]  47 

an  earnest  prosecution  of  them  by  this  government  an  urgent  duty.  The 
illegality  of  the  seizures  and  confiscations  out  of  which  they  have  arisen 
is  not  disputed;  and  whatever  distinctions  may  have  heretofore  been  set 
up  in  regard  to  the  liability  of  the  existing  government,  it  is  quite  clear 
that  such  considerations  cannot  now  be  interposed. 

The  commercial  intercourse  between  the  two  countries  is  susceptible 
of  highly  advantageous  improvements;  but  the  sense  of  this  injury  has 
had,  and  must  continue  to  have,  a  very  unfavorable  influence  upon  them. 
From  its  satis'^actory  adjustment,  not  only  a  firm  and  cordial  friendship, 
but  a  progressive  developement  of  all  their  relations,  may  be  expected. 
It  is,  therefore,  my  earnest  hope  that  this  old  and  vexatious  subject  of 
difference  may  be  speedily  removed. 

I  feel  that  my  confidence  in  our  appeal  to  the  motives  which  should 
govern  a  just  and  magnanimous  nation,  is  alike  warranted  by  the  charac- 
ter of  the  French  people,  and  by  the  high  voucher  we  possess  for  the  en- 
larged views  and  pure  integrity  of  the  monarch  who  now  presides  over 
their  councils;  and  nothing  shall  be  wanting  on  my  part  to  meet  any  ma- 
nifestation of  the  spirit  we  anticipate  in  one  of  corresponding  frankness 
and  liberality. 

The  subjects  of  difference  with  Spain  have  been  brought  to  the  view 
of  that  government,  by  our  minister  there,  with  much  force  and  propri- 
ety; and  the  strongest  assurances  have  been  received  of  their  early  and 
favorable  consideration. 

The  steps  which  remained  to  place  the  matter  in  controversy  between 
Great  Britain  and  the  United  States  fairly  before  the  arbitrator,  have  all 
been  taken  in  the  same  liberal  and  friendly  spirit  which  characterized 
those  before  announced.  Recent  events  have  doubtless  served  to  delay 
the  decision,  but  our  minister  at  the  court  of  the  distinguished  arbitrator 
has  been  assured  that  it  will  be  made  within  the  time  contemplated  by  the 
treaty. 

I  am  particularly  gratified  in  being  able  to  state  that  a  decidedly  fa- 
vorable, and,  as  I  hope,  lasting  change  has  been  effected  in  our  relations 
with  the  neighboring  republic  of  Mexico.  The  unfortunate  and  unfound- 
ed suspicions  in  regard  to  our  disposition,  which  it  became  my  painful 
duty  to  advert  to  on  a  former  occasion,  have  been,  I  believe,  entirely  re- 
moved; and  the  government  of  Mexico  has  been  made  to  understand  the 
real  character  of  the  wishes  and  views  of  this,  in  regard  to  that  country. 
The  consequence  is,  the  establishment  of  friendship  and  mutual  confi- 
dence. Such  are  the  assurances  which  I  have  received,  and  I  see  no 
cause  to  doubt  their  sincerity. 

1  had  reason  to  expect  the  conclusion  of  a  commercial  treaty  with 
Mexico,  in  season  for  communication  on  the  present  occasion.  Circum- 
stances which  are  not  explained,  but  which,  I  am  persuaded,  are  not 
the  result  of  an  indisposition  on  her  part  to  enter  into  it,  have  produced 
the  delay. 

There  was  reason  to  fear,  in  the  course  of  the  last  summer, 4hat  the 
harmony  of  our  relations  might  be  disturbed  by  the  acts  of  certain 
claimants,  under  Mexican  grants,  of  territory  which  has  hitherto  been 
under  our  jurisdiction.     The  co-operation  of  the  representative  of  Mex- 


48  [December, 

ico  near  this  government  was  asked  on  the  occasion,  and  was  readily  af- 
forded. In«^tructions  and  advice  have  heen  given  to  tlie  governor  of  Ar- 
kansas and  the  officers  in  command  in  tlie  adjoining  Mexican  state,  by 
which,  it  is  lioped,  tlie  quiet  of  that  frontier  will  be  preserved,  until  a 
final  setilement  of  the  di\  idins:  line  shall  have  removed  all  irround  for  con- 
troversy. 

The  exchange  of  ratifications  of  the  treaty  concluded  last  year  with 
Austria  has  not  yet  talven  place.  The  delay  has  been  occasioned  by  the 
non-arrival  of  the  ratification  of  that  government  within  tlie  time  prescrib- 
ed by  the  treaty.  Renewed  authority  has  been  asked  for  by  the  repre- 
sentative of  Austria;  and,  in  the  mean  time,  the  rapidly  increasing  trade 
and  navigation  between  the  two  countries  have  been  placed  upon  the 
most  liberal  footino:  of  our  navi2:ation  acts. 

Several  alleged  depredations  have  been  recently  committed  on  our 
commerce  by  the  national  vessels  of  Portugal.  Tliey  have  been  made 
the  subject  of  immediate  remonstrance  and  reclamation.  I  am  not  yet 
possessed  of  sufficient  information  to  express  a  definitive  opinion  of  their 
character,  but  expect  soon  to  receive  it.  No  proper  means  shall  be 
omitted  to  obtain  for  our  citizens  all  the  redress  to  which  they  may  ap- 
pear to  be  entitled. 

Almost  at  the  mom.ent  of  the  adjournment  of  your  last  session,  two 
bills,  the  one  entitled,  "an  act  for  making  appropiiations  for  building 
light  houses,  light  boats,  beacons,  and  monuments,  placing  buoys,  and  for 
improving  harbors  and  directing  surveys,"  and  the  other,  "an  act  to  au- 
thorize a  subscription  for  stock  in  the  Louisville  and  Portland  canal  com- 
pany," were  submitted  for  my  approval.  It  was  not  possible,  within  the 
time  allowed  me,  before  the  close  of  the  session,  to  give  these  bills  the 
consideration  which  was  due  to  their  character  and  importance;  and  I 
was  compelled  to  retain  them  for  that  purpose.  I  now  avail  myself  of 
this  early  opportunity  to  return  them  to  the  houses  in  which  they  respec- 
tively originated,  with  the  reasons  which,  after  mature  deliberation  com- 
pel me  to  withhold  my  approval. 

The  practice  of  defraying  out  of  the  treasury  of  the  United  States  the 
expenses  incurred  by  the  establishment  and  support  of  light  houses,  bea- 
cons, buoys,  and  public  piers,  within  the  bays,  inlets,  harbors,  and  ports 
of  the  United  States,  to  render  the  navigation  thereof  safe  and  easy,  is 
coeval  with  the  adoption  of  the  constitution,  and  has  been  continued  with- 
out interruption  or  dispute. 

As  our  foreign  commerce  increased,  and  was  extended  into  the  inte- 
rior of  the  country  by  the  establishment  of  ports  of  entry  and  delivery 
upon  our  navigable  rivers,  the  sphere  of  those  expenditures  received  a 
corresponding  enlargement.  Light  houses,  beacons,  buoys,  ])ublic  piers, 
and  the  removal  of  sand  bais,  savvyeis,  and  other  partial  or  temporary 
impediments  in  the  navigable  rivers  and  harbors  wiiich  were  embraced  in 
the  revenue  districts,  from  time  to  time,  established  by  law,  were  author- 
ized upon  the  same  principle,  and  the  expense  delVayed  in  the  same  man- 
ner. That  these  expenses  have  at  times  been  extravagant  and  dispropor- 
tionate, is  very  probable. 

The  circumstances  under  which  they  are  incurred,  are  well  calculated 


1830.]  49 

to  lead  to  such  a  result,  unless  their  application  is  subjected  to  the  closest 
scrutiny.  The  local  advantag^es  arisini^  from  the  disbursement  of  public 
money  too  frequently,  it  is  to  be  feared,  invite  appropriations  for  objects 
of  this  character  that  are  neither  necessary  nor  useful.  The  number  of 
light  house  keepers  is  already  very  large,  and  tiie  bill  before  me  proposes 
to  add  to  it  fifty-one  more,  of  various  desci'iptions.  From  representa- 
tions upon  the  subject  which  are  understood  to  be  entitled  to  respect,  I 
am  induced  to  believe  that  there  has  not  only  been  great  improvidence  in 
the  past  expenditures  of  the  government  upon  these  objects,  but  that  tlie 
security  of  navigation  has,  in  some  instances,  been  diminished  by  the 
multiplication  of  light  houses  and  consequent  change  of  lights,  upon  the 
coast. 

It  is  in  this,  as  in  other  respects,  our  duty  to  avoid  all  unnecessary  ex- 
pense, as  well  as  every  increase  of  patronage  not  called  for  by  the  pub- 
lic service.  But,  in  the  discharge  of  that  duty  in  this  particular,  it  must 
not  be  forgotten  that,  in  relation  to  our  foreign  commerce,  the  burden  and 
benefit  of  protecting  and  accommodating  it  necessarily  go  together,  and 
must  do  so  as  long  as  the  public  revenue  is  drawn  from  the  people 
tlirough  the  custom  house.  It  is  indisputable,  that  whatever  gives  facility 
and  security  to  navigation,  cheapens  imports;  and  all  who  consume  them 
are  alike  interested  in  whatever  produces  this  effect.  If  they  consume, 
they  ought,  as  they  now  do,  to  pay;  otherwise,  they  do  not  pay.  The 
consumer  in  the  most  inland  state  derives  the  same  advantage  from  everv 
necessary  and  prudent  expendituie  for  the  facility  and  security  of  our  for- 
eign commerce  and  navigation,  that  he  does  who  resides  in  a  maritime 
state.  Local  expenditures  have  not,  of  themselves,  a  correspondent  ope- 
ration. 

From  a  bill  making  direct  appropriations  for  such  objects  I  should  not 
have  withheld  my  assent.  The  one  now  returned  does  so  in  several  par- 
ticulars, but  it  also  contains  appropriation  for  surveys  of  a  local  charac- 
ter, which  I  cannot  approve.  It  gives  me  satisfaction  to  find  that  no  se- 
rious inconvenience  has  arisen  from  withholding  my  approval  from  this 
bill;  nor  will  it,  I  trust,  be  cause  of  regret,  that  an  opportunity  will  be 
thereby  afforded  for  congress  to  review  its  provisions  under  circumstances 
better  calculated  for  full  investigation  than  those  under  which  it  was 
passed. 

In  speaking  of  direct  appropriations,  I  mean  not  to  include  a  practice 
which  has  obtained  to  some  extent,  and  to  which  1  have,  in  one  instance, 
in  a  different  capacity,  given  my  assent — that  of  subscribing  to  the  stock 
of  private  associations.  Positive  experience,  and  a  more  thorough  con- 
sideration of  the  subject,  have  convinced  me  of  the  impiopriety  as  well 
as  inexpediency  of  such  investments.  All  improvements  effected  by  the 
funds  of  the  nation,  for  general  use,  should  be  open  to  the  enjoyment  of 
all  our  fellow  citizens,  exempt  from  the  payment  of  tolls,  or  any  imposi- 
tion of  that  character.  The  practice  of  thus  mingling  the  concerns  of  the 
government  with  those  of  the  states  or  of  individuals,  is  inconsistent  with 
the  object  of  its  institution,  and  highly  impolitic.  The  successful  opera- 
tion of  the  federal  system  can  only  be  preserved  confining  it  to  tne  ftw 
and  simple,  but  yet  important  objects  for  which  it  w^as  designed. 


50  [December, 

A  different  practice,  if  allowed  to  progress,  would  ultimately  change 
the  character  of  this  government,  by  consolidating  into  one,  the  general 
and  state  governments,  wiiich  were  intended  to  be  kept  forever  distinct. 
I  cannot  perceive  how  bills  authorizing  subscriptions  can  be  otherwise 
regarded  than  as  bills  for  revenue,  and  consequently  subject  to  the  rule 
in  that  respect  prescribed  by  the  constitution.  If  the  interest  of  the  go- 
vernment in  private  companies  is  subordinate  to  that  of  individuals,  the 
management  and  control  of  a  portion  of  the  public  funds  is  delegated  to 
an  authority  unknown  to  the  constitution,  and  beyond  the  supervision 
of  our  constituents:  if  superior,  its  officers  and  agents  will  be  constantly 
exposed  to  imputations  of  favoritism  and  oppression.  Direct  prejudice 
to  the  public  interest,  or  an  alienation  of  the  affections  and  respect  of 
portions  of  the  people,  may,  therefore,  in  addition  to  the  general  discre- 
dit resulting  to  the  government  from  embarking  with  its  constituents  in 
pecuniary  speculations,  be  looked  for  as  the  probable  fruit  of  such  asso- 
ciations. It  is  no  answer  to  this  objection  to  say  that  the  extent  of  con- 
sequences like  these  cannot  be  great  from  a  limited  and  small  number  of 
investments:  because  experience  in  other  matters  teaches  us,  and  we  are 
not  at  liberty  to  disregard  its  admonitions,  that  unless  an  entire  stop  be 
put  to  them,  it  will  soon  be  impossible  to  prevent  their  accumulation,  un- 
til they  are  spread  over  the  wdiole  country,  and  made  to  embrace  many 
of  the  private  and  appropriate  concerns  of  individuals. 

The  power  which  the  general  government  would  acquire  within  the 
several  states  by  becoming  the  principal  stockholder  in  corporations,  con- 
trolling every  canal,  and  each  sixty  or  hundred  miles  of  every  important 
road,  and  giving  a  proportionate  vote  in  all  their  elections,  is  almost  in- 
conceivable, and,  in  my  view,  dangerous  to  the  liberties  of  the  people. 

This  mode  of  aiding  such  works  is,  also,  in  its  nature,  deceptive,  and 
in   many   cases  conducive   to  improvidence  in   the  administration  of  the 
national  funds.     Appropriations  w^ill   be  obtained   with  much  greater  fa- 
cility,  and   granted  with  less   security  to  the  public   interest,  when  the 
measure  is  thus   disguised,  than   when  definite  and   direct  expenditures 
of  money  are  asked  for.     The  interests  of  the  nation  would  doubtless  be 
better  served  by  avoiding  all  such  indirect  modes  of  aiding  particular  ob- 
jects.    In  a  government  like  ours,  more  especially,  should  all  public  acts 
be,  as  far  as   practicable,  simple,  undisguised,  and   intelligible,  that  they 
may  become  fit  subjects  for  the  approbation  or  animadversion  of  the  peo- 
ple.    The  bill  authorizing  a  subscription  to  the  Louisville  and  Portland 
canal  affords  a  striking  illustration  of  the  difficulty  of  withholding  additional 
appropriations  for  the  same  object,  when  the  first  erroneous  step  has  been 
taken  by  instituting  a   partnership  between   the  government  and  private 
companies.     It  proposes  a  third  subscription  on  the  part  of  the  United 
States,  when  each  preceding  one  was  at  the  time  regarded  as  the  extent 
of  the  aid  which  government  was  to  render  to  that  work;  and  the  accom- 
panying bill  for  light  houses,  &c.  contains  an  appropriation  for   a  survey 
of  the  bed  of  the  river,  with  a  view  to  its  improvement,  by  removing  the 
obstruction  which  the  canal  is  designed  to  avoid.     This  improvement, 
if  successful,  would  afford  a  free  passage  to  the  river,  and  render  the  ca- 
nal entirely  useless.     To  such  improvidence  is  the  course  of  legislation 


1830.]  51 

subject,  in  relation  to  internal  improvements  on  local  matters,  even  with 
the  best  intentions  on  the  part  of  congress. 

Although  the  motives  wliich  have  influenced  me  in  this  matter  may  be 
already  sufficiently  stated,  I  am,  nevertheless,  induced  by  its  importance 
to  add  a  few  observations  of  a  general  character. 

In  my  objections  to  the  bills  authorizing  subscriptions  to  the  Maysville 
and  Rockville  road  companies,  I  expressed  my  views  fully  in  regard  to 
the  power  of  congress  to  construct  roads  and  canals  within  a  state,  or  to 
appropriate  money  for  improvements  of  a  local  character.  I  at  the  same 
time,  intimiated  my  belief  that  the  right  to  make  appropriations  for  such 
as  were  of  a  national  character  had  been  so  generally  acted  upon,  and 
so  long  acquiesced  in  by  the  federal  and  state  governments,  and  the  con- 
stituents of  each,  as  to  justify  its  exercise  on  the  ground  of  continued  and 
uninterrupted  usage;  but  that  it  was,  nevertheless,  highly  expedient  that 
appropriations,  even  of  that  character,  should,  with  the  exception  made 
at  the  time,  he  deferred  until  the  national  debt  is  paid;  and  that,  in  the 
mean  while,  some  general  rule  for  the  action  of  the  government  in  that 
respect  ought  to  be  established. 

These  suggestions  wxre  not  necessary  to  the  decision  of  the  question 
then  before  me;  and  were,  I  readily  admit,  intended  to  awaken  the  inten- 
tion, and  drawing  forth  the  opinions  and  observations  of  our  constituents,, 
upon  a  subject  of  the  highest  importance  to  their  interests,  and  one  des- 
tined to  exert  a  powerful  influence  upon  the  future  operations  of  our  poli- 
tical system.  I  know  of  no  tribunal  to  which  a  public  man  in  this  country, 
in  a  case  of  doubt  and  difficulty,  can  appeal  with  greater  advantage  or 
more  propriety,  than  the  judgment  of  the  people;  and  although  I  must  ne- 
cessarily, in  the  discharge  of  my  official  duties,  be  governed  by  the  dic- 
tates of  my  own  judgment,  I  have  no  desire  to  conceal  my  anxious  wdsh 
to  conform,  as  far  as  I  can,  to  the  views  of  those  for  whom  I  act. 

All  irregular  expressions  of  public  opinion  are  of  necessity  attended  with 
some  doubt  as  to  their  accuracy;  but,  making  full  allowances  on  that  ac- 
count, I  cannot,  I  think,  deceive  myself  in  believing  that  the  acts  referred 
to,  as  well  as  the  suggestions  which  I  allowed  myself  to  make  in  relation 
to  their  bearing  upon  the  future  operations  of  the  government,  have  been 
approved  by  the  great  body  of  the  people.  That  those  whose  immediate 
pecuniary  interests  are  to  be  affected  by  proposed  expenditures,  should 
shrink  from  the  application  of  a  rule  which  prefers  their  more  general  and 
remote  interests  to  those  which  are  personal  and  immediate,  is  to  be  ex- 
pected. But  even  such  objections  must,  from  the  nature  of  our  popula- 
tion, be  but  temporary  in  their  duration;  and  if  it  were  otherwise,  our  course 
should  be  the  same;  for  the  time  is  yet,  I  hope,  far  distant,  when  those 
entrusted  with  power  to  be  exercised  for  the  good  of  ihe  whole,  will 
consider  it  either  honest  or  wise  to  purchase  local  favour  at  the  sacrifice, 
of  principle  and  the  general  good. 

So  understanding  public  sentiment,  and  thoroughly  satisfied  that  the- 
best  interests  of  our  common  country  imperiously  require  that  the  course- 
which  I  have  recommended  in  this  regard  should  be  adopted,  1  have  upoca 
the  most  mature  consideration,  determined  to  pursue  it. 

It  is  due  to  candour,  as  well  as  to  my  own   feelings,  that  1   should  ex- 


52  [December, 

press  tlie  reluctance  and  anxiety  which  I  must  at  all  times  experience  in 
exercising  llie  undoubted  ri;j:ht  of  the  executive  to  withliold  his  assent 
from  bills  on  other  gi-ounds  than  their  uiiconstitutionnlily.  That  tliis  right 
shouhl  not  be  exercised  on  slight  occasions,  all  will  admit.  It  is  only  in 
matters  of  deep  interest,  when  the  principle  involved  may  be  justly  re- 
garded as  next  in  importance  to  intVactions  of"  tlie  constitution  itsell,  that 
such  a  step  can  be  expected  to  meet  with  the  approbation  of  the  people. 
Such  an  occasion  do  I  conscientiously  believe  the  present  to  be.  In  the 
discharge  of  this  delicate  and  hig/ily  responsible  duty,  I  am  sustained  by 
the  reflection  that  the  exercise  of  this  powder  has  been  deemed  consistent 
with  the  obligation  of  official  duty  by  several  of  my  predecessors;  and 
by  the  persuasion  too,  that,  wdiatever  liberal  institutions  may  have  to  fear 
from  the  encroachments  of  executive  power,  whi^h  has  been  every  where 
the  cause  of  so  much  strife  and  bloody  contention,  but  little  danger  is  to 
be  apprehended  from  a  precedent  by  which  that  authority  denies  to  itself 
the  exercise  of  powers  that  bring  in  their  train,  influence  and  patronage 
of  great  extent;  and  thus  excludes  the  operation  of  personal  interests, 
every  where  the  bane  of  official  trust.  I  derive,  too,  no  small  degree  o{  sat- 
isfaction  from  tlie  reflection,  tliat,  if  I  have  mistaken  the  interests  and 
wishes  of  the  pt-opie,  the  constitution  aflbrds  the  means  of  soon  redressing 
the  error,  by  selecting  for  the  place  their  favor  has  bestowed  upon  me, 
a  citizen  whose  opinions  may  accord  wnth  their  ovvn.  I  trust,  in  the 
mean  time,  the  interests  of  the  nation  will  be  saved  from  prejudice,  by  a 
rigid  application  of  that  poition  of  the  public  funds  which  might  other- 
wise be  applied  to  diiierent  objects  to  that  highest  of  all  our  obligations, 
the  payment  of  the  public  debt,  and  an  opportunity  be  at^brded  Ibr  the 
adoption  of  some  better  rule  for  the  operations  of  the  government  in  this 
matter  than  any  which  has  hitherto  been  acted  upon. 

Profoundly  impressed  with  the  importance  of  the  subject,  not  merely 
as  it  relates  to  the  general  prosperity  of  the  country,  but  to  the  safety  of 
the  federal  system,  1  cannot  avoid  repeating  my  earnest  hope  that  all  good 
citizens,  who  take  a  proper  interest  in  the  success  and  harmony  of  our 
adniirable  political  institutions,  and  who  are  incapable  of  desiring  to  con- 
vert an  opposite  state  of  things  into  means  for  the  gratification  of  personal 
ambition — will,  laying  aside  minor  considerations,  and  discarding  local 
prejudices,  unite  their  honest  exertions  to  establish  some  fixed  gen- 
eral principle,  which  shall  be  calculated  to  etfect  the  greatest  extent  of 
public  good  in  regard  to  tlie  subject  of  internal  improvement,  and  aiford 
the  least  ground  for  sectional  discontent. 

The  general  ground  of  my  objection  to  local  appropriations  has  been 
heretofore  expressed;  and  I  shall  endeavor  to  avoid  a  repetition  of  what 
has  been  already  urged — the  importance  of  sustaining  the  state  sove- 
reignties, as  far  as  is  consistent  widi  the  rightful  action  of  the  federal 
government,  and  of  })reserving  the  greatest  attainable  harmony  between 
them.  I  will  now  only  add  an  expression  of  my  conviction — a  conviction 
which  every  day's  experience  serves  to  confiim — that  the  political  creed 
which  inculcates  the  pursuit  of  those  great  objects  as  a  paramount  duty- 
is  the  true  faith,  and  one  to  wliich  we  are  mainly  indebted  for  the  present 


1830.]  53 

success  of  the  entire  system,  and  to  which  we  must  alone  look  for  its  fu- 
ture stability. 

That  there  are  diversities  in  the  interests  of  the  different  states  which 
compose  this  extensive  confederacy,  must  be  admitted.  Those  divers- 
ities, arising  from  situation,  climate,  population  and  pursuits,  are  doubt- 
less, as  it  is  natural  they  should  be,  greatly  exaggerated  by  jealousies,  and 
that  spirit  of  rivalry  so  inseparable  from  neighboring  communities.  These 
circumstances  make  it  the  duty  of  those  who  are  entrusted  with  the  man- 
agement of  its  affairs  to  neutralize  their  effects  as  far  as  practicable,  by 
making  the  beneficial  operation  of  the  federal  government  as  equal  and 
equitable  among  the  several  states  as  can  be  done  consistently  with  the 
great  ends  of  its  institution. 

It  is  only  necessary  to  refer  to  undoubted  facts,  to  see  how  far  the 
past  acts  of  the  government  upon  the  subject  under  consideration  have  fallen 
sbort  of  this  object.  The  expenditures  heretofore  made  for  internal  im- 
provements amount  to  upwards  of  five  millions  of  dollars,  and  have  been 
distributed  in  very  unequal  proportions  amongst  the  states.  The  esti- 
mated  expense  of  works  of  which  surveys  have  been  made,  together  with 
that  of  others  projected  and  partially  surveyed,  amount  to  more  than  nine- 
ty-six millions  of  dollars. 

That  such  improvements,  on  account  of  particular  circumstances,  may 
be  more  advantageously  and  beneficially  made  in  some  states  than  in 
others,  is  doubtless  true;  but  that  they  are  of  a  character  which  should 
prevent  an  equitable  distribution  of  the  funds  amongst  the  several  states, 
is  not  to  be  conceded.  The  want  of  tliis  equitable  distribution  cannot 
fail  to  prove  a  prolifi.c  source  of  irritation  amongst  the  states. 

We  have  it  constantly  before  our  eyes,  that  professions  of  superior 
zeal  in  the  cause  of  internal  improvement,  and  a  disposition  to  lavish  the 
public  funds  upon  objects  of  that  character,  are  daily  and  earnestlv  put 
forth  by  aspirants  to  power,  as  constituting  the  highest  claims  to  the  con- 
fidence of  the  people.  Would  it  be  sfrange,  under  such  circumstances, 
and  in  times  of  great  excitement,  that  grants  of  this  description  should 
find  their  motives  in  objects  which  may  not  accord  with  the  public  good.? 
Those  who  have  not  had  occasion  to  see  and  regret  the  indication  of  a 
sinister  influence  in  these  matters  in  past  times,  have  been  more  fortunate 
than  myself  in  their  observation  of  the  course  of  public  affairs.  If  to 
these  evils  be  added  the  combinations  and  angry  contentions  to  which 
such  a  course  of  things  gives  rise,  with  their  baleful  influences  upon  the 
legislation  of  congress  touching  the  leading  and  appropriate  duties  of  the 
federal  government,  it  was  but  doing  justice  to  the  character  of  our  peo- 
ple to  expect  the  severe  condemnation  of  the  past  whicli  the  recent  exhibi- 
tion of  public  sentiment  has  evinced. 

Nothing  short  of  a  radical  change  in  the  action  of  the  government  upon 
the  subject,  can,  in  my  opinion,  remedy  the  evil.  If,  as  it  would  be  natu- 
ral to  expect,  the  states  which  have  been  least  favored  in  past  appropria- 
tions should  insist  on  being  redressed  in  those  hereafter  to  be  made,  at 
the  expense  of  the  states  which  have  so  largely  and  disproportionately 
participated,  we  have,  as   matters  now  stand,  but  little   security  that  the 


54  [December, 

attempt  would  do  more  than  change  the  inequality  from  one  quarter  to 
another. 

Thus  viewing-  the  subject,  I  have  heretofore  felt  it  my  duty  to  recom- 
mend the  adoption  of  some  plan  for  the  distribution  of  the  surplus  funds 
which  may  at  any  time  remain  in  the  treasury  after  the  national  debt  shall 
have  been  paid,  among  the  states,  in  proportion  to  the  number  of  their 
representatives,  to  be  applied  by  them  to  objects  of  internal  improve- 
ment. 

Although  this  plan  has  met  with  favor  in  some  portions  of  the  union^ 
it  has  also  elicited  objections  which  merit  deliberate  consideration.  A 
briefnoticeoflhese  objections  here  will  not,  therefore,  I  trust,  be  regard- 
ed as  out  of  place. 

They  rest,  as  far  as  they  have  come  to  my  knowledge,  on  the  follow- 
ing grounds:  1st,  an  objection  to  the  ratio  of  distribution;  2d,  an  appre- 
hension that  the  existence  of  such  a  regulation  would  produce  improvident 
and  oppressive  taxation  to  raise  the  funds  for  distribution;  3d,  that  the 
mode  proposed  would  lead  to  the  construction  of  works  of  a  local  nature, 
to  the  exclusion  of  such  as  are  general,  and  as  would  consequently  be  of  a 
more  useful  character,  and,  last,  that  it  would  create  a  discreditable  and 
injurious  dependence,  on  the  part  of  the  state  governments,  upon  the  fed- 
eral power.  Of  those  who  object  to  the  ratio  of  representation  as  the 
basis  of  distribution,  some  insist  that  the  importations  of  the  respective 
states  would  constitute  one  that  would  be  more  equitable;  and  others 
again,  that  the  extent  of  their  respective  territories  would  furnish  a 
standard  which  would  be  more  expedient,  and  sufficiently  equitable. 

The  ratio  of  representation  presented  itself  to  my  mind,  and  it  still 
does,  as  one  of  obvious  equity,  because  of  its  being  the  ratio  of  contribu- 
tion, whether  the  funds  to  be  distributed  be  derived  from  the  customs  or 
from  direct  taxation.  It  does  not  follow,  however,  that  its  adoption  is 
indispensable  to  the  establishment  of  the  system  proposed.  There  may 
be  considerations  appertaining  to  the  subject  which  would  render  a  de- 
parture, to  some  extent,  from  the  rule  of  contribution,  proper.  Nor  is  it 
absolutely  necessary  that  the  basis  of  distribution  be  confined  to  one 
ground.  It  may,  if,  in  the  judgment  of  those  whose  right  it  is  to  fix 
it,  it  be  deemed  politic  and  just  to  give  it  that  character,  have  regard  to 
several. 

In  my  first  message,  I  stated  it  to  be  my  opinion  that  ''it  is  not  pro- 
bable that  any  adjustment  of  the  tariff  upon  principles  satisfactory  to 
the  people  of  the  union  will,  until  a  remote  period,  if  ever,  leave  the 
government  without  a  considerable  surplus  in  the  treasury,  beyond  what 
may  be  required  for  its  current  service."  I  have  had  no  cause  to  change 
that  opinion,  but  much  to  confirm  it.  Should  these  expectations  be  re- 
alized, a  suitable  fund  would  thus  be  produced  for  (he  plan  under  con- 
sideration to  operate  upon;  and  if  there  be  no  such  fund,  its  adoption  will, 
in  my  opinion,  work  no  injury  to  any  interest,  for  I  cannot  assent  to  the 
justness  of  the  apprehension  that  the  establishment  of  the  proposed  system 
would  tend  to  the  encouragement  of  improvident  legislation  of  the  char- 
acter supposed.     Whatever  the  proper  authority,  in  the  exercise  of  con- 


1830.]  55 

stitufional  power,  shall,  at  any  lime  hereafter,  decide  to  be  for  the  gene- 
ral good,  will,  in  that  as  in  other  respects,  deserve  and  receive  the  ac- 
quiescence and  support  of  the  whole  country;  and  we  have  ample  security 
that  every  abuse  of  power  in  that  regard,  by  the  agents  of  the  people, 
will  receive  a  speedy  and  effectual  corrective  at  their  hands.  The  views 
which  I  take  of  the' future,  founded  on  the  obvious  and  increasing  im- 
provement of  all  classes  of  our  fellow  citizens,  in  intelligence,  and  in 
public  and  private  virtue,  leave  me  without  much  apprehension  on  that 
head. 

1  do  not  doubt  that  those  who  come  after  us,  will  be  as  much  alive  as 
we  are  to  the  obligation  upon  all  the  trustees  of  political  power  to  exempt 
those  for  whom  they  act  from  all  unnecessary  burdens;  and  as  sensible  of 
the  great  truth,  that  the  resources  of  the  nation,  beyond  those  required 
for  the  immediate  and  necessary  purposes  of  government,  can  no  where 
be  so  well  deposited  as  in  the  pockets  of  the  people. 

It  may  sometimes  happen  that  the  interests  of  particular  states  would 
not  be  deemed  to  coincide  with  the  general  interest  in  relation  to  improve- 
ment within  such  states.  But,  if  the  danger  to  be  apprehended  from  this 
source  is  sufficient  to  require  it,  a  discretion  might  be  reserved  to  con- 
gress to  direct,  to  such  improvements  of  a  general  character  as  the  states 
concerned  misht  not  be  disposed  to  unite  in,  the  application  of  the  quotas 
of  those  states^  under  the  restriction  of  confining  to  each  state  the  expend- 
iture of  its  appropriate  quota.  It  may,  however,  be  assumed  as  a  safe 
general  rule,  that  such  improvements  as  serve  to  increase  the  prosperity 
of  the  respective  states  in  which  they  are  made,  by  giving  new  facilities 
to  trade,  and  thereby  augmenting  the  wealth  and  comfort  of  their  inhab- 
itants,  constitute  the  surest  mode  of  conferring  permanent  and  substantial 
advantages  upon  the  whole.  The  strength,  as  well  as  the  true  glory  of 
the  confederacy,  is  mainly  founded  on  the  prosperity  and  power  of  the 
several  independent  sovereignties  of  which  it  is  composed,  and  the  cer- 
tainty with  which  they  can  be  brought  into  successful  active  co-opera- 
tion, through  the  agency  ol  the  federal  government. 

It  is,  moreover,  within  the  knowledge  of  such  as  are  at  all  conversant 
with  public  affairs,  that  schemes  of  internal  improvement  have,  from  time 
to  time,  been  proposed  which,  from  their  extent  and  seeming  magnifi- 
cence, were  regarded  as  of  national  concernment,  but  which,  upon  fuller 
consideration  and  further  experience  would  now  be   rejected  with  great 

unanimity. 

That  the  plan  under  consideration  would  derive  important  advantages 
from  its  certainty,  and  that  the  moneys  set  apart  for  these  purposes  would 
be  more  judiciously  applied  and  economically  expended  under  the  direc- 
tion of  the  state  legislatures,  in  which  every  part  of  each  state  is  immedi- 
ately represented,  cannot,  I  think,  be  doubted.  In  the  new  states  par- 
ticularly, where  a  comparatively  small  population  is  scattered  oyer  an  ex- 
tensive surface,  and  the  representation  in  congress  consequently'very  lim- 
ited, it  is  natural  to  expect  that  the  appropriations  made  by  the  federal 
government,  would  be  more  likely  to  be  expended  in  the  vicinity  of  those 
members  through  whose  immediate  agency  they  were  obtained,  than  if 
the  funds  were  placed  under  the  control  of  the  legislature,  i.i»  which  every 


56  [December, 

county  of  the  state  has  its  own  representative.  This  supposition  does 
not  necessarily  impugn  the  motives  ot\such  congressional  representatives, 
nor  is  it  so  intended.  We  are  all  sensible  of  the  bias  to  which  thestrong- 
f^st  minds  and  purest  hearts  are,  under  such  circumstances,  liable.  In  re- 
spect to  the  last  objection,  its  probable  etfect  upon  the  dignity  and  inde- 
pendence of  the  state  governments,  it  appears  to  me,  only  necessary  to 
state  the  case  as  it  is,  and  as  it  would  be  if  the  measure  proposed  were 
adopted,  to  show  that  the  operation  is  most  likely  to  be  the  very  reverse 
of  that  which  the  objection  supposes. 

In  the  one  case,  the  state  would  receive  its  quota  of  the  national  reve- 
nue for  domestic  use,  upon  a  fixed  principle,  as  a  matter  of  right,  and 
from  aiund  to  the  creation  of  wliich  it  had  itself  contributed  its  fair  pro- 
portion. Surely  there  could  be  nothing  derogatory  in  that.  As  matters 
now  stand,  the  states  themselves,  in  their  sovereign  character,  are  notun- 
frequently  petitioners  at  the  bar  of  the  federal  legislature  for  such  al- 
lowances out  of  the  national  treasury,  as  it  may  comport  with  their  plea- 
sure or  sense  of  duty  to  bestow  upon  them.  It  cannot  require  argument 
to  prove  which  of  the  two  courses  is  most  compatible  with  the  efficieDcy 
or  respectability  of  the  state  governments. 

But  all  these  are  matters  for  discussion  and  dispassionate  consideration. 
That  the  desired  adjustment  would  be  attempted  with  difficulty,  affords 
no  reason  why  it  should  not  be  attempted.  The  effective  operation  of 
such  motives  would  have  prevented  the  adoption  of  the  constitution  under 
which  we  have  so  long  lived,  and  under  the  benign  influence  of  which 
our  beloved  country  has  so  signally  prospered.  The  framers  of  that  sa- 
cred instrument  had  greater  difficulties  to  overcome,  and  they  did  over- 
come them.  The  patriotism  of  the  people,  directed  by  a  deep  convic- 
tion of  the  importance  of  the  union,  produced  mutual  concession  and  re- 
ciprocal forbearance.  Strict  right  was  merged  in  a  spirit  of  compro- 
mise, and  the  resulthas  consecrated  their  disinterested  devotion  to  the  gen- 
eral weal.  Unless  the  American  people  have  degenerated,  the  same  re- 
sult can  be  again  effected,  whenever  experience  points  out  the  necessity 
of  a  resort  to  the  same  means  to  uphold  the  fabric  which  their  fathers 
have  reared. 

It  is  beyond  the  power  of  man  to  make  a  system  of  government  like 
ours,  or  any  other,  operate  with  preci&e  equality  upon  states  situated  like 
those  which  compose  this  confederacy;  nor  is  inequality  always  injustice. 
Every  state  cannot  expect  to  shape  the  measures  of  the  general  govern- 
ment to  suit  its  own  particular  interests.  The  causes  which  prevent  it 
are  seated  in  the  nature  of  things,  and  cannot  be  entirely  counteracted  by 
human  means.  ^Jutual  forbearance,  therefore,  becomes  a  duty  obligato- 
ry upon  all;  and  we  may,  I  am  confident,  count  on  a  cheerful  compliance 
with  this  high  injunction,  on  the  part  of  our  constituents.  It  is  not  to  be 
supposed  that  they  will  object  to  make  such  comparatively  inconsidera- 
ble sacrifices  for  the  preservation  of  lights  and  privileges,  which  other 
less  favored  portions  of  ihe  world  have  in  vain  waded  through  seas  of 
blood  to  acquire. 

Our  course  is  a  safe  one,  if  it  be  but  faithfully  adhered  to.  Acquiescence 
in  the  constitutionally  expressed  will  of  the  majority,  and  the  exercise  of 


1830.]  '  57 

that  will  in  a  spirt  of  moderation,  justice,  and  brotherly  kindness,  will 
constitute  a  cement  which  would  forever  preserve  our  union.  Those 
who  cherish  and  inculcate  sentiments  like  these,  render  a  most  essential 
service  to  their  country,  whilst  those  who  seek  to  weaken  tlieir  influence, 
are,  however  conscientious  and  praisewoi'thy  their  intentions,  in  eliect  its 
worst  enemies. 

If  the  intelhgence  and  influence  of  the  country,  instead  of  labouring  to 
foment  sectional  prejudices,  to  be  made  subservient  to  party  warfare, 
were  in  good  faith,  applied  to  the  eradication  of  causes  of  local  discon- 
tent, by  the  improvement  of  our  institutions,  and  by  iacilitating  their 
adaptation  in  the  condition  of  the  times,  this  task  would  prove  one  of  less 
difficulty.  May  we  not  hope  that  the  obvious  interests  of  our 
common  country,  and  the  dictates  of  an  enlightened  patriotism,  will,  in 
the  end,  lead  the  public  mind  in  that  direction. 

After  all,  the  nature  of  the  subject  does  not  admit  of  a  plan  wholly  free 
from  objection.  That  which  has  for  some  time  been  in  operation  is,  per- 
haps, the  worst  that  could  exist;  and  every  advance  that  can  be  made 
in  its  improvement  is  a  matter  eminently  worthy  of  your  most  deliberate 
attention. 

It  is  very  possible  that  one  better  calculated  to  effect  the  objects  in  view 
may  yet  be  devised.  If  so,  it  is  to  be  hoped  that  those  who  disapprove 
of  the  past,  and  dissent  Irom  what  is  proposed  for  the  future,  will  feel  it 
their  duty  to  direct  their  attention  to  it,  as  they  must  be  sensible  that,  un- 
less some  fixed  rule  for  the  action  of  the  federal  government  in  this  re- 
spect is  established,  the  course  now  attempted  to  be  arrested  will  be 
again  resorted  to.  Any  mode  which  is  calculated  to  give  the  greatest 
degree  of  effect  and  harmony  to  our  legislation  upon  the  subject — which 
shall  best  serve  to  keep  the  movements  of  the  federal  government  within 
the  sphere  intended  by  those  who  modelled  and  those  who  adopted  it — 
which  shall  lead  to  the  extinguishment  of  the  national  debt  in  the  short- 
est period,  and  impose  the  lightest  burdens  upon  our  constituents,  shall 
receive  from  me  a  cordial  and  firm  support. 

Among  the  objects  of  great  national  concern,  I  cannot  omit  to  press 
again  upon  your  attention  that  part  of  the  constitution  which  regulates 
the  election  of  president  and  vice-president.  The  necessity  for  its 
amendment  is  made  so  clear  to  my  mind  by  the  observation  of  its  evils, 
and  by  the  many  able  discussions  which  they  have  elicited  on  the  floor 
of  congress  and  elsewhere,  that  1  should  be  wanting  to  my  duty  were  I 
to  withhold  another  expression  of  my  deep  solicitude  upon  the  subject. 
Our  system,  fortunately,  contemplates  a  recurrence  to  first  principles, 
differing,  in  this  respect,  from  all  that  have  preceded  it,  and  securing  it, 
I  trust,  equally  against  the  decay  and  the  commotions  which  have  mark- 
ed the  progress  of  other  governments.  Our  fellow  citizens,  too,  who, 
in  proportion  to  their  love  of  liberty,  keep  a  steady  eye  upon  the  means 
of  sustaining  it,  do  not  require  to  be  reminded  of  the  duty  they  owe  to 
themselves  to  remedy  all  essential  defects  in  so  vital  a  part  of  their  sys- 
tem. While  they  are  sensible  that  every  evil  attendant  upon  its  opera- 
tion is  not,  necessarily,  indicative  of  a  bad  organization,  but  may  proceed 
from  temporary  causes,  yet  the  habitual  presence,  or  even  a  single  instance 


58  [December. 

of  evils,  which  can  he  clearly  traced  to  an  organic  defect,  will  not,  I 
trust,  be  overlooked  throu2:h  a  too  scrupulous  veneration  for  the  work  of 
their  ancestors.  The  constitution  was  an  experiment  committed  to  the 
virtue  and  intelligence  of  the  great  mass  of  our  countrymen,  in  whose 
ranks  the  framers  of  it  themselves  were  to  perform  the  part  of  patriotic 
observation  and  scrutiny,  and,  if  they  have  passed  from  the  stage  of  ex- 
istence with  an  increased  confidence  in  its  general  adaptation  to  our  con- 
dition, we  should  learn  from  authority  so  high  the  duty  of  fortifying  the 
points  in  it,  wliich  time  proves  to  be  exposed,  rather  than  be  deterred 
from  approaching  them  by  the  suggestion  of  facts,  or  the  dictates  of 
misplaced  reverence. 

A  provision  which  does  not  secure  to  the  people  a  direct  choice  of 
their  chief  magistrate,  but  has  a  tendency  to  defeat  their  will,  presented 
to  my  mind  such  an  in'^.onsistency  with  the  general  spirit  of  our  institu- 
tions, that  1  was  induced  to  suggest  for  your  consideration  the  substitute 
which  appeared  to  me,  at  the  same  time,  the  most  likely  to  correct  the 
evil  and  to  meet  the  views  of  our  constituents.  The  most  mature  reflec- 
tion since,  has  added  strength  to  the  belief,  that  the  best  interests  of  our 
country  require  the  speedy  adoption  of  some  plan  calculated  to  effect  this 
end.  A  contingency  which  sometimes  places  it  in  the  power  of  a  single 
member  of  the  house  of  representatives  to  decide  an  election  of  so  high 
and  solemn  a  character,  is  unjust  to  the  people,  and  becomes,  when  it 
occurs,  a  source  of  embarrassment  to  the  individuals  tiius  brought  into 
power,  and  a  cause  of  distrust  of  the  representative  body.  Liable  as  the 
confederacy  is,  from  its  great  extent,  to  parties,  founded  upon  sectional 
interests,  and  to  a  corresponding  multiplication  of  candidates  for  the 
presidency,  the  tendency  of  the  constitutional  reference  to  the  house  of 
representatives,  is  to  devolve  the  election  upon  that  body  in  almost  every 
instance,  and,  whatever  choice  may  then  be  made  among  the  candidates 
thus  presented  to  them,  to  swell  the  influence  of  particular  interests  to  a 
degree  inconsistent  with  the  general  good.  The  consequences  of  this 
feature  of  the  constitution  appear  far  more  threatening  to  the  peace  and 
integrity  of  the  union  than  any  which  I  can  conceive  as  likely  to  result 
from  the  simple  legislative  action  of  the  federal  government. 

It  was  a  leading  object  with  the  framers  of  the  constitution  to  keep  as 
separate  as  possible  the  action  of  the  legislative  and  executive  branches 
of  the  government.  To  secure  this  object,  nothing  is  more  essential  than 
to  preserve  the  former  from  the  temptations  of  private  interest,  and,  there- 
fore, so  to  direct  the  patronage  of  the  latter  as  not  to  permit  such  temp- 
tations to  be  offered.  Experience  abundantly  demonstrates  that  every 
precaution  in  this  respect  is  a  valuable  safeguard  of  liberty,  and  one 
which  my  reflections  upon  the  tendencies  of  our  system  incline  me  to 
think  should  be  made  still  stronger.  It  was  for  this  reason  that,  in  con- 
nexion with  an  amendment  of  the  constitution^  removing  all  intermediate 
agency  in  the  choice  of  the  president,  I  recommend  some  restrictions 
upon  the  re-eligibility  of  that  officer,  and  upon  the  tenure  of  offices  gen- 
erally. The  reason  still  exists;  and  I  renew  the  recommendation,  ivith 
an  increased  confidence  that  its  adoption  will  strengthen  those  checks  by 
which  the  constitution  designed  to  secure  the  independence  of  each  de- 


1830.]  59 

partment  of  the  government,  and  promote  the  healthful  and  equitable  ad- 
ministration of  all  the  trusts  which  it  has  created.  The  agent  most  likely 
to  contravene  this  design  of  the  constitution  is  the  chief  magistrate.  In 
order,  particularly,  that  his  appointtnent  may,  as  far  as  possible,  be  placed, 
beyond  the  reach  of  any  improper  influences;  in  order  that  he  may  ap- 
proach the  solemn  responsibilities  of  the  highest  office  in  the  gift  of  a 
free  people,  uncommitted  to  any  other  course  than  tlie  strict  line  of  con- 
stitutional duty,  and  that  the  securities  for  this  independence  may  be  ren- 
dered as  strong  as  the  nature  of  power,  and  the  weakness  of  its  posses- 
sor, will  admit,  I  cannot  too  earnestly  invite  your  attention  to  the  propri- 
ety of  promoting  such  amendment  of  the  constitution  as  will  render  him 
ineligible  after  one  term  of  service. 

It  gives  me  pleasure  to  announce  to  congress  that  the  benevolent  pol- 
icy of  the  government,  steadily  pursued  for  nearly  thirty  years,  in  rela- 
tion to  the  removal  of  the  Indians  beyond  the  white  settlements,  is  ap- 
proaching to  a  happy  consummation.  Two  important  tribes  have  accept- 
ed the  provision  made  for  their  removal  at  the  last  session  of  congress; 
and  it  is  believed  that  their  example  will  induce  the  remaining  tribes,  also 
to  seek  the  same  obvious  advantages. 

The  consequences  of  a  speedy  removal  will  be  important  to  the  Uni- 
ted States,  to  individual  states,  and  to  the  Indians  themselves.  The  pecu- 
niary advantages  which  it  promises  to  the  government  are  the  least  of  its 
recommendations.  It  puts  an  end  to  all  possible  danger  of  collision  be- 
tween the  authorities  of  the  general  and  state  governments,  on  account  of 
the  Indians.  It  will  place  a  dense  and  civilized  population  in  large  tracts 
of  country  now  occupied  by  a  faw  savage  hunters.  By  opening  the 
whole  territory  between  Tennessee  on  the  north,  and  Louisiana  on  the 
south,  to  the  settlement  of  the  whites,  it  will  incalculably  strengthen  the 
southwestern  frontier,  and  render  the  adjacent  states  strong  enough  to  re- 
pel future  invasion  without  remote  aid.  It  will  relieve  the  whole  state  of 
Mississippi,  and  the  western  part  of  Alabama,  of  Indian  occupancy,  and 
enable  those  states  to  advance  rapidly  in  population,  wealth,  and  power. 
It  will  separate  the  Indians  from  immediate  contact  with  settlements  of 
whites;  free  them  from  the  power  of  the  states;  enable  them  to  pursue 
happiness  in  their  own  way,  and  under  their  own  rude  institutions; 
will  retard  the  progress  of  decay,  which  is  lessening  their  numbers;  and 
perhaps  cause  them  gradually,  under  the  protection  of  the  government, 
and  through  the  influence  of  good  counsels,  to  cast  off  their  savage  habits, 
and  become  an  interesting,  civilized  and  christian  community.  These 
consequences,  some  of  them  so  certain,  and  the  rest  so  probable,  make 
the  complete  execution  of  the  plan  sanctioned  by  congress  at  their  last 
session  an  object  of  much  solicitude. 

Towards  the  aborigines  of  the  country  no  one  can  indulge  a  more 
friendly  feeling  than  myself,  or  would  go  further  in  attempting  to  reclaim 
them  from  their  wandering  habits,  and  make  them  a  happy  and  prosper- 
ous people.  I  have  endeavored  to  impress  upon  them  my  own  solemn 
convictions  of  the  duties  and  powers  of  the  general  government  in  rela- 
tion to  the  state  authorities.  For  the  justice  of  the  laws  passed  by  the  states 
within  the  scope  of  their  reserved  powers,  they  are  not  responsible  to  this 


60  [December, 

government.  As  individuals,  we  may  entertain  and  express  our  opinions 
of  their  acts;  bu!,  as  a  government,  we  have  as  little  right  to  control  them 
as  we  have  to  prescribe  laws  to  foreign  nations 

With  a  full  understanding  of  the  subject,  the  Choctaw  and  Chickasaw 
tribes,  have,  with  great  unanimity,  determined  to  avail  themselves  of  the 
liberal  offers  presented  by  the  act  of  congress,  and  have  agreed  to  re- 
move beyond  the  Mississippi  river.  Treaties  have  been  made  with  them, 
which,  in  due  season,  will  be  submitted  for  consideration.  In  negotia- 
ting these  treaties,  they  were  made  to  understand  their  true  condition; 
and  they  have  preferred  maintaining  their  independence  in  the  western  for- 
ests to  submitting  to  the  laws  of  the  states  in  which  they  now  reside. 
These  treaties,  being  probably  the  last  which  will  ever  be  made  with 
them,  are  characterized  by  great  liberality  on  the  part  of  the  govern- 
ment. They  give  the  Indians  a  liberal  sum  in  consideration  of  their  re- 
moval, and  comfortable  subsistence  on  their  arrival  at  their  new  homes. 
If  it  be  their  real  interest  to  maintain  a  separate  existence,  they  will  there  be 
at  liberty  to  do  so  without  the  inconveniences  and  vexations  to  which 
they  would  unavoidably  have  been  subject  in  Alabama  and  Mississippi. 

Humanity  has  often  wept  over  the  fate  of  the  aborigines  of  this  coun- 
try; and  philanthropy  has  been  long  busily  employed  in  devising  means 
to  avert  it.  But  its  progress  has  never  for  a-nioment  been  arrested;  and 
one  by  one  have  many  powerful  tribes  disappeared  from  the  earth.  To 
follow  to  the  tomb  the  last  of  his  race,  and  to  tread  on  the  graves  of  ex- 
tinct nations,  excites  melancholy  reflections.  But  true  pliilanthropy  rec- 
onciles the  mind  to  these  vicissitudes,  as  it  does  to  the  extinction  of  one 
generation  to  make  room  for  another.  In  the  monuments  and  fortresses 
of  an  unknown  people,  spread  over  the  extensive  regions  of  the  west,  we 
behold  the  meniorials  of  a  once  powerful  race,  which  was  exterminated, 
or  has  disappeared,  to  make  room  for  the  existing  savage  tribes.  Nor 
is  there  any  thing  in  this,  which,  upon  a  comprehensive  view  oi  the  gen- 
eral interests  of  the  human  race,  is  to  be  regretted.  Philanthropy  could 
not  wish  to  see  this  continent  restored  to  the  condition  in  which  it  was 
found  by  our  forefathers.  What  good  man  would  prefer  a  country  cov- 
ered with  forests,  and  ranged  by  a  few  thousand  savages,  to  our  exten- 
sive republic,  studded  with  cities,  towns,  and  prosperous  farms,  embel- 
lished with  all  the  improvements  which  art  can  devise,  or  industry  exe- 
cute; occupied  by  more  than  twelve  millions  of  happy  people  and  filled 
witli  all  the  blessings  of  liberty,  civilization,  and  leligion! 

The  present  policy  of  the  government  is  but  a  continuation  of  the  same 
progressive  change,  by  a  milder  process.  The  tribes  which  occu[)ied 
the  countries  now  constituting  the  eastern  states  were  annihilated,  or  have 
melted  away  to  make  room  for  the  whites.  The  waves  of  population 
and  civilization  are  rolling  to  the  westwaid;  and  we  now  propose  to  ac- 
quire the  countries  occupied  by  the  red  men  of  the  south  and  west,  by  a 
fair  exchange;  and  at  the  expense  of  the  United  States,  to  send  them  to  a 
land  where  their  existence  may  be  prolonged,  and  perhaps  made  perpetual. 
Doubtless  it  will  be  jjainful  to  leave  the  graves  of  their  fathers;  but  what 
do  they  more  than  our  ancestors  did,  or  than  our  children  are  now  doing. 
To  better  their  condition  in  an  unknown  land,  our  forefathers  left  all  that 


1830.]  61 

was  dear  in  canhly  objects.  Our  children,  by  thousands,  yearly  leave 
the  land  of  their  birth,  to  seek  new  homes  in  distant  regions.  Does  hu- 
manity weep  at  these  painful  separations,  from  every  thing-  animate  and 
inanimate,  with  which  the  young-  heart  has  become  entwined?  Far  from 
it.  It  is  rather  a  source  of  joy  tliat  our  country  affords  scope  where  our 
young  population  may  range  unconstrained  in  body  or  in  mind,  develop- 
ing the  power  and  faculties  of  man  in  their  highest  perfection.  These 
remove  hundreds  and  almost  thousands  of  miles,  at  their  own  expense, 
purchase  the  lands  they  occupy,  and  support  themselves  at  their  new 
home  from  the  moment  of  their  arrival.  Can  it  be  cruel  in  this  govern- 
ment, when,  by  events  which  it  cannot  control,  the  Indian  is  made  discon- 
tented in  his  ancient  home,  to  purchase  his  lands,  to  give  him  a  new  and 
extensive  territory,  to  pay  the  expense  of  his  removal,  and  support  him  a 
year  in  his  new  abode.''  How  many  tliousands  of  our  own  people  would 
gladly  embrace  the  opportunity  of  removing  to  the  west  on  such  condi- 
tions! If  the  offers  made  to  the  Indians  were  extended  to  them,  they 
would  be  hailed  with  gratitude  and  joy. 

And  is  it  supposed  that  the  wandering  savage  has  a  stronger  attachment 
to  his  home,  than  the  settled,  civilized  christian.?  Is  it  more  afflicting  to 
leave  the  graves  of  his  fathers,  than  it  is  to  our  brothers  and  children.? 
Rightly  considered  the  policy  of  the  general  government  towards  the  red 
man  is  not  only  liberal  but  generous.  He  is  unwilling  to  submit  to  the 
laws  of  the  states,  and  mingle  with  tlieir  population.  To  save  him  from 
this  alternative,  or  perhaps  utter  annihilation,  the  general  government 
kindly  offers  him  a  new  home,  and  proposes  to  pay  the  whole  expense  of 
his  removal  and  settlement. 

In  the  consummation  of  a  policy  originating  at  an  early  period,  and 
steadily  pursued  by  every  administration  within  the  present  century — so 
just  to  the  states,  and  so  generous  to  the  Indians,  the  executive  feels  it 
has  a  right  to  expect  the  co-operation  of  congress,  and  of  all  good  and 
disinterested  men.  The  states,  moreover,  have  a  right  to  demand  it.  It 
was  substantially  a  part  of  the  compact  which  made  them  members  of 
our  confederacy.  VVith  Georgia  there  is  an  express  contract;  with  the 
new  states,  an  implied  one,  of  equal  obligation.  Why,  in  authorizing 
Ohio,  Indiana,  Illinois,  Missouri,  Mississippi,  and  Alabama,  to  form  con- 
stitutions, and  become  separate  states,  did  congress  include  within  their 
limits  extensive  tracts  of  Indian  lands,  and,  in  some  instances,  powerful 
Indian  tribes.?  Was  it  not  understood  by  both  parties  that  the  power  of 
the  states  was  to  be  co-extensive  with  their  limits,  and  that,  with  all  con- 
venient despatch,  the  general  governi'r>ent  siiould  extinguish  the  Indian  ti- 
tle, and  remove  every  obstruction  to  the  complete  jurisdiction  of  the  state 
governments  over  the  soil.?  Probably  not  one  of  those  states  would  have 
accepted  a  separate  existence — certainly  it  would  never  have  been  grant- 
ed by  congress — had  it  been  understood  that  they  were  to  be  confined 
forever  to  those  small  portions  of  their  nominal  territory,  the  Indian  title 
to  which  had  at  the  time  been  extinguished. 

It  is,  therefore,  a  duty  which  this  government  owes  to  the  new  states, 
to  extinguish,  as  soon  as  possible,  the  Indian  title  to  all  lands  which  con- 
8 


62  [December, 

gress  themselves  have  included  within  their  limits.  When  this  is  done, 
the  duties  of  the  general  government  in  relation  to  the  states  and  Indians 
within  their  limits  are  at  an  end.  The  Indians  may  leave  the  state  or  not, 
as  they  choose.  The  purchase  of  their  lands  does  not  alter  in  the  least, 
their  personal  relations  with  the  state  government.  No  act  of  the  gene- 
ral government  has  ever  been  deemed  necessary  to  give  the  states  juris- 
diction over  the  persons  of  the  Indians.  That  they  possess,  by  virtue  of 
their  sovereign  power  within  their  own  limits,  in  as  full  a  manner  before 
as  after  the  purchase  of  the  Indian  lands;  nor  can  this  government  add  to 
or  diminish  it. 

May  we  not  hope,  therefore,  that  all  good  citizens,  and  none  more 
zealously  than  those  who  think  the  Indians  oppressed  by  subjection  to  the 
laws  of  the  states,  will  unite  in  attempting  to  open  the  eyes  of  those 
children  of  the  forest  to  their  true  condition,  and,  by  a  speedy  removal, 
to  relieve  them  from  the  evils,  real  or  imaginary,  present  or  prospective, 
with  which  they  may  be  supposed  to  be  threatened. 

Among  the  numerous  causes  of  congratulation,  the  condition  of  our 
impost  revenue  deserves  special  mention,  inasmuch  as  it  promises  the 
means  of  extinguishing  the  public  debt  sooner  than  was  anticipated,  and 
furnishes  a  strong  illustration  of  the  practical  effects  of  the  present  tariff 
upon  our  commercial  interests. 

The  object  of  the  tariff  is  objected  to  by  some  as  unconstitutional; 
and  it  is  considered  by  almost  all  as  defective  in  many  ot  its  parts. 

The  power  to  impose  duties  on  imports  originally  belonged  to  the  sev- 
eral states.  The  right  to  adjust  those  duties  with  a  view  to  the  encour- 
agment  of  domestic  branches  of  industry  is  so  completely  incidental  to 
that  power,  that  it  is  difficult  to  suppose  the  existence  of  the  one  with- 
out the  other.  The  states  have  delegated  their  whole  authority  over  im- 
ports to  the  general  government,  without  limitation  or  restriction,  saving 
the  very  inconsiderable  reservation  relating  to  their  inspection  laws. 
This  authority  having  thus  entirely  passed  from  the  states,  the  right  to 
exercise  it  for  the  purpose  of  protection  does  not  exist  in  them;  and,  con- 
sequently, if  it  be  not  possessed  by  the  general  government,  it  must  be 
extinct.  Our  political  system  would  thus  present  the  anomaly  of  a  peo- 
ple stripped  of  the  right  to  foster  their  own  industry ,'ard  to  counteract 
the  most  selfish  and  destructive  policy  which  might  be  adopted  by  foreign 
rations.  This  surely  cannot  be  the  case:  this  indispensable  power,  thus 
surrendered  by  the  states,  must  be  within  the  scope  of  the  authority  on 
the  subject  expressly  delegated  to  congress. 

In  this  conclusion,  I  am  confirmed  as  well  by  the  opinions  of  presidents 
Washington,  Jefferson,  Madison,  and  Monroe,  who  have  each  repeatedly 
recommended  the  exercise  of  this  right  under  the  constitution,  as  by  the 
uniform  practice  of  congress,  the  continued  acquiescence  of  the  states,  and 
the  general  understanding  of  the  people. 

The  difficulties  of  a  more  expedient  adjustment  of  the  present  tariff, 
although  great,  are  far  from  being  insurmountable.  Some  are  unwilling 
to  improve  any  of  its  parts,  because  ihey  would  destroy  the  whole:  others 
fear  to  touch  the  objectionable  parts,  lest  those  they  approve  should  be 
jeopardized.    I   am  persuaded  that   the  advocates  of  these   conflicting 


1830.]  63 

views  do  injustice  to  the  American  people,  and  to  their  representatives. 
The  general  interest  is  the  interest  of  each:  and  my  confidence  is  entire, 
that,  to  ensure  the  adoption  of  such  modifications  of  the  tariff  as  thegen- 
eral  interest  requires,  it  is  only  necessary  that  that  interest  should  be  un- 
derstood. 

It  is  an  infirmity  of  our  nature  to  mingle  our  interests  and  prejudices 
with  the  operation  of  our  reasoning  powers,  and  attribute  to  the  objects 
of  our  likes  and  dislikes,  qualities  they  do  not  possess,  and  effects  they  can- 
not produce.  The  effects  of  the  present  tariff  are  doubtless  overrated,  both 
in  its  evils  and  in  its  advantages.  By  one  class  of  reasoners,  the  reduced 
price  of  cotton  and  other  agricultural  products  is  ascribed  wholly  to  its  in- 
fluence, and  by  another,  the  reduced  price  of  manufactured  articles.  The 
probabiHty  is,  that  neither  opinion  approaches  the  truth,  and  that  both 
are  induced  by  that  influence  of  interests  and  prejudices  to  which  I  have 
referred.  The  decrease  of  prices  extends  throughout  tlie  commercial 
world,  embracing  not  only  the  raw  material  and  tlie  manufactured  arti- 
cle, but  provisions  and  lands.  The  cause  must,  therefore,  be  deeper  and 
more  pervading  than  the  tariff  of  the  United  States.  It  may,  in  a  mea- 
sure, be  attributable  to  the  increased  value  of  the  precious  metals,  pro- 
duced by  a  diminution  of  the  supply,  and  an  increase  in  the  demand; 
while  commerce  has  rapidly  extended  itself,  and  population  has 
augmented.  The  supply  of  gold  and  silver,  the  general  medium  of  ex- 
change, has  been  greatly  interrupted  by  civil  convulsions  in  the  countries 
from  which  they  are  {)rincipally  drawn.  A  part  of  the  effect,  too,  is 
doubtless  owing  to  an  increase  of  operatives  and  improvements  in  ma- 
chinery. But,  on  the  whole,  it  is  questionable  whether  the  reduction  in 
the  price  of  lands,  produce,  and  manufactures,  has  been  greater  than  the 
appreciation  of  the  standard  of  value. 

While  the  chief  object  of  duties  should  be  revenue,  they  may  be  so 
adjusted  as  to  encourage  manufactures.  In  this  adjustment,  however,  it 
is  the  duty  of  the  government  to  be  guided  by  the  general  good.  Objects 
of  national  importance,  alone,  ought  to  be  protected;  of  these,  the 
productions  of  our  soil,  our  mines,  and  our  workshops,  essential  to 
national  defence,  occupy  the  first  rank.  Whatever  other  species  of 
domestic  industry,  having  the  importance  to  which  I  have  referred,  may 
be  expected,  after  temporary  protection,  to  compete  with  foreign  labor 
on  equal  terms,  merit  the  same  attention  in  a  subordinate  degree. 

The  present  tariff  taxes  some  of  the  comforts  of  life  unnecessarily 
high:  it  undertakes  to  protect  interests  too  local  and  minute,  to  justify  a 
general  exaction;  and  it  also  attem[)is  to  force  some  kinds  of  manufactures 
for  which  the  country  is  not  ripe. — Much  relief  will  be  derived,  in  some 
of  these  respects,  from  the  measures  of  your  last  session. 

The  best,  as  well  as  fairest  mode  of  determining  whether,  from  any 
just  considerations,  a  particular  interest  ought  to  receive  protection, 
would  be  to  submit  the  question  singly  for  deliberation.  If,  after  due 
examination  of  its  merits,  unconnected  with  extraneous  considerations — 
such  as  a  desire  to  sustain  a  general  system,  or  to  purchase  support  for 
a  different  interest — it  should  enlist  in  its  favour  a  majority  of  therepre- 


64  [December, 

sentatives  of  the  people,  there  can  be  little  danger  of  v^-rong  or  injury  in 
adjusting  the  tariff  with  reference  to  its  protective  eflect.  If  this  ob- 
viously just  principle  were  honestly  adhered  to,  the  branches  of  industry 
which  deserve  protection,  would  be  saved  from  the  prejudice  excited 
against  them,  when  that  protection  forms  part  of  a  system  by  which 
portions  of  the  country  feel,  or  conceive  themselves  to  be  oppressed. 
What  is  incalculably  more  important,  the  vital  principle  of  our  system — 
that  principle  which  requires  acquiescence  in  the  will  of  the  majority — - 
would  be  secure  from  the  discredit  and  danger  to  which  it  is  exposed  by 
the  acts  of  majorities,  founded,  not  on  identity  of  conviction,  but  on  com- 
binations of  small  minorities,  entered  into  for  the  purpose  of  mutual  as- 
sistance in  measures  which,  resting  solely  on  their  own  merits,  could 
never  be  carried. 

I  am  well  aware,  that  this  is  a  subject  of  so  much  delicacy,  on  account 
of  the  extended  interests  it  involves,  as  to  require  that  it  should  be  touched 
wuth  the  utmost  caution;  and  that,  while  an  abandonment  oi  the  policy  in 
which  it  originated — a  policy  coeval  with  our  government,  and  pursued 
through  successive  administrations,  is  neither  to  be  expected  or  desired, 
the  people  have  a  right  to  demand,  and  have  demanded,  that  it  be  so 
modified  as  to  correct  abuses,  and  obviate  injustice. 

That  our  deliberations  on  this  interesting  subject  should  be  uninfluenced 
by  those,  partizan  conflicts  that  are  incident  to  free  institutions,  is  the 
fervent  wish  of  my  heart.  To  make  this  great  question,  which  unhappily 
so  much  divides  and  excites  the  public  mind  subservient  to  the  short- 
sighted views  of  faction,  must  destroy  all  hope  of  settling  it  satisfactorily 
to  the  great  body  of  the  people,  and  for  the  general  interest.  I  cannot 
therefore,  on  taking  leave  of  the  subject,  too  earnestly  for  my  own  feel- 
ings or  the  common  good,  w^arn  you  against  the  blighting  consequences 
of  such  a  course. 

According  to  the  estimates  at  the  treasury  department  the  receipts  in 
the  treasury  during  the  present  year  will  amount  to  twenty-four  millions 
one  hundred  and  sixty-one  thousand  and  eighteen  dollars,  which  will 
exceed  by  about  three  hundred  thousand  dollars  the  estimate  presented 
in  the  last  annual  report  of  tlie  secretary  of  the  treasury. — Tlie  total  ex- 
penditure during  the  year,  exclusive  of  public  debt,  is  estimated  at  thir- 
teen millions  seven  hundred  and  forty-two  thousand  three  hundred  and 
eleven  dollars;  and  the  payment  on  account  of  public  debt  for  tlie  same 
period  will  have  been  eleven  millions  three  hundred  and  fifty-four  thou- 
sand six  hundred  and  thirty  dollars;  leaving  a  balance  in  the  treasury,  on 
the  first  of  January,  1831,  of  four  millions  eight  hundred  and  nineteen 
thousand  seven  hundred  and  eighty-one  dollars. 

In  connexion  with  the  condition  of  our  finances,  it  aflbrds  me  pleasure 
to  remark  that  judicious  and  efficient  arrangements  liave  been  made  by 
the  treasury  department  lor  securing  the  })ecuniary  responsibility  of  the 
public  officers,  and  the  more  punctual  payment  of  the  public  dues.  The 
revenue  cutter  service  has  been  organized,  and  placed  on  a  good  footing; 
and,  aided  by  an  increase  of  ins[)ectors  at  exposed  points,  and  the  regula- 
tions adopted  under  the  act  of  May,  1830,  for  the  inspection  and  ap- 
praisement of  merchandise,   have  produced   much   improvement  in  the 


1830.]  65 

execution  of  the  laws,  and  more  security  against  the  commission  of  frauds 
upon  the  revenue.  Abuses  in  the  allowances  for  fishini^  bounties  have 
also  been  corrected,  and  a  material  saving  in  that  branch  of  the  service, 
thereby  effected.  In  addition  to  these  improvements,  the  system  of  ex- 
penditure for  sick  seamen  belonging  to  the  merchant  service  has  been 
revised;  and  by  being  rendered  uniform  and  economical,  the  benefits  of 
the  fund  applicable  to  this  ubject  have  been  usefully  extended. 

The  prosperity  of  our  country  is  also  further  evinced  by  the  increased 
revenue  arising  from  the  sale  of  public  lands,  as  will  appear  from  the 
report  of  the  commissoner  of  the  general  land  office  and  the  documents 
accompanying  it,  which  are  herewith  transmitted.  I  beg  leave  to  draw 
your  attention  to  this  report,  and  to  the  propriety  of  making  early  ap- 
propriations for  the  objects  which  it  specifies. 

Your  attention  is  again  invited  to  the  subjects  connected  with  that  por- 
tion of  the  public  interests  entrusted  to  the  war  department.  Some  of 
them  were  referred  to  in  my  former  message;  and  they  are  presented  in 
detail  in  the  report  of  the  secretary  of  war,  herewith  submitted.  I  re- 
fer you,  also  to  the  report  of  that  officer  for  a  knowledge  of  the  state  of 
the  army,  fortifications,  arsenals,  and  Indian  affairs;  all  of  wdiich,  it  will 
be  perceived,  have  been  guarded  with  zealous  attention  and  care. 

It  is  worthy  of  your  consideration  whether  the  armaments  necessary 
for  the  fortifications  on  our  maritime  frontier,  which  are  now,  or  shortly 
will  be,  completed,  should  not  be  in  readiness  sooner  than  customary  ap- 
priations  will  enable  the  department  to  provide  them.  This  precaution 
seems  to  be  due  to  the  general  system  of  fortification  which  has  been 
sanctioned  by  congress,  and  is  recommended  by  that  maxim  of  wisdom 
which  tells  us  in  peace  to  prepare  for  war. 

I  refer  you  to  the  report  of  the  secretary  of  the  navy  for  a  highly 
satisfactory  account  of  the  manner  in  which  the  concerns  of  that  depart- 
ment have  been  conducted  during  the  present  year.  Our  position  in 
relation  to  the  most  powerful  nations  of  the  earth,  and  the  present  con- 
dition of  Europe,  admonish  us  to  cherish  this  arm  of  our  national  defence 
with  peculiar  care.  Separated  by  w^ide  seas  from  all  those  governments 
whose  power  we  might  have  reason  to  dread,  we  have  nothing  to  appre- 
hend from  attempts  at  conquest.  It  is  chiefly  attacks  upon  our  com- 
merce, and  harassing  inroads  upon  our  coast,  against  which  we  have  to 
guard.  A  naval  force  adequate  to  the  protection  of  our  commerce,  al- 
ways afloat,  with  an  accumulation  of  the  means  to  give  it  a  rapid  exten- 
sion in  case  of  need,  furnishes  the  power  by  which  all  such  aggressions 
may  be  prevented  or  repelled.  The  attention  of  the  government  has, 
therefore,  been  recently  directed  more  to  preserving  the  public  vessels 
already  built,  and  providing  materials  to  be  placed  in  depot  for  future 
use,  than  to  increasing  their  number.  With  the  aid  of  congress,  in  a  few 
years,  the  government  will  be  prepared,  in  case  of  emergency,  to  put 
afloat  a  powerful  navy  of  new  ships  almost  as  soon  as  old  ones  could  be 
repaired. 

The  modifications  in  this  part  of  the  service  suggested  in  my  last  an- 
nual message,  which  are  noticed  more  in  detail  in  the  report  of  the  secre- 
tary of  the  navy,  are  again  recommended  to  your  serious  attention. 


66  [December, 

The  report  of  the  postmaster  general,  in  like  manner,  exhibits  a  satis- 
factory view  of  the  important  branch  of  the  government  under  his 
charge. — In  addition  to  the  benefits  already  secured  by  the  operations  of 
the  post  office  department,  considerable  improvements,  within  the  present 
year,  have  been  made,  by  an  increase  in  the  accommodation  afforded  by 
stage  coaches,  and  in  the  frequency  and  celerity  of  the  mail  between 
some  of  the  most  important  points  of  the  union. 

Under  the  late  contracts,  improvements  have  been  provided  for  the 
southern  section  of  the  country,  and,  at  the  same  time,  an  annual  saving 
made  of  upwards  of  seventy  two  thousand  dollars.  Notwithstanding  the 
excess  of  expenditure  beyond  the  current  receipts  for  a  few  years  past, 
necessarily  incurred  in  the  fulfilment  of  existing  contracts,  and  in  the  ad- 
ditional expenses,  between  tlie  periods  of  contracting,  to  meet  the  de- 
mands created  by  the  rapid  growth  and  extension  of  our  flourishing  coun- 
try, yet  the  satisfactory  assurance  is  given,  that  the  future  revenue  of  the 
department  will  be  sufficient  to  meet  its  extensive  engagements.  The 
system  recently  introduced,  that  subjects  its  receipts  and  disburements  to 
strict  regulation,  has  entirely  fulfilled  its  design.  It  gives  full  assurance 
of  the  punctual  transmission,  as  well  as  the  security,  of  the  funds  of  the 
department.  The  efficiency  and  industry  of  its  officers,  and  the  ability 
and  energy  of  contractors,  justify  an  increased  confidence  in  its  continued 
prosperity. 

The  attention  of  congress  was  called,  on  a  former  occasion,  to  the  ne- 
cessity of  such  a  modification  of  the  office  of  attorney  general  of  the  Unit- 
ed States  as  would  render  it  more  adequate  to  the  wants  of  the  public 
service.  This  resulted  in  the  establishment  of  the  office  of  solicitor  of 
the  treasury,  and  the  earliest  measures  were  taken  to  give  effect  to  the 
provisions  of  the  law  which  authorized  the  appointment  of  that  officer, 
and  defined  his  duties.  But  it  is  not  believed  that  this  provision,  however 
useful  in  itself,  is  calculated  to  supersede  the  necessity  of  extending  the' 
duties  and  powers  of  the  attorney  general's  office.  On  the  contrary,  I 
am  convinced  that  the  public  interest  would  be  greatly  promoted  by  giv- 
ing to  that  officer  the  general  superintendence  of  the  various  law  agents 
of  the  government,  and  of  all  law  proceedings,  whether  civil  or  criminal, 
in  which  the  United  States  may  be  interested;  allowing  to  him,  at  the 
same  time,  such  a  compensation  as  ^vould  enable  him  to  devote  his  undi- 
vided attention  to  the  public  business.  I  think  such  a  provision  is  alike 
due  to  the  public  and  to  the  officer. 

Occasions  of  refereiice  from  the  different  executive  departments  to  the 
attorney  general  are  of  frequent  occurrence;  and  the  prompt  decision  of 
the  questions  so  referred,  tends  much  to  facilitate  the  despatch  of  busi- 
ness in  those  departments.  The  report  of  the  secretary  of  tlie  treasury, 
hereto  appended,  shows  also  a  branch  of  the  public  service  not  specific- 
ally entrusted  to  any  officer,  which  mii^ht  be  advantageously  committed 
to  the  attorney  general. 

But,  independently  of  those  considerations  this  office  is  now  one  of 
daily  duty.  It  was  originally  organized,  and  its  compensation  fixed, 
with  a  view  to  occasional  service;  leaving  to  the  incumbent  time  for  the 
exercise  of  his  profession  in  private  practice.     The  state  of  things  which 


1830.]  67 

warranted  such  an  organization  no  longer  exists.  The  frequent  claims 
upon  the  services  of  this  officer  would  render  his  absence  from  the  seat 
of  government,  in  professional  attendance  upon  the  courts,  injurious  to  the 
public  service;  and  the  interests  of  the  government  could  not  fail  to  be 
promoted  by  charging  him  with  the  general  superintendence  of  all  its  le- 
gal concerns. 

Under  a  strong  conviction  of  the  justness  of  these  suggestions,  I  re- 
commend it  to  congress,  to  make  the  necessary  provisions  for  giving  ef- 
fect to  them,  and  to  place  the  attorney  general,  in  regard  to  compensa- 
tion, on  the  same  footing  with  the  heads  of  the  seveial  executive  depart- 
ments. To  this  officer  might  also  be  intrusted  a  cognizance  of  the  cases 
of  insolvency  in  public  debtors,  especially  if  the  views  which  I  submit- 
ted on  this  subject  last  year  should  meet  the  approbation  of  congress— to 
which  I  again  solicit  your  attention. 

Your  attention  is  respectfully  invited  to  the  situation  of  the  District  of 
Columbia.  Placed,  by  the  constitution,  under  the  exclusive  jurisdiction 
and  control  of  congress,  this  district  is  certainly  entitled  to  a  much  greater 
share  of  its  consideration  than  it  has  yet  received.  There  is  a  want  of 
uniformity  in  its  laws,  particularly  in  those  of  a  penal  character,  which 
increases  the  expense  of  their  administration,  and  subject  the  people  to  all 
the  inconveniences  which  result  from  the  operation  of  different  codes  in 
so  small  a  territory.  On  different  sides  of  the  Potomac,  the  same  offence 
is  punishable  in  unequal  degrees;  and  the  peculiarities  of  many  of  the  ear- 
ly laws  of  Maryland  and  Virginia  remain  in  force,  notwithstanding  their 
repugnance,  in  some  cases,  to  the  improvements  which  have  superseded 
them  in  those  states. 

Besides  a  remedy  for  these  evils,  which  is  loudly  called  for,  it  is  re- 
spectfully submitted  whether  a  provision  authorizing  the  election  of  a  del- 
egate to  represent  the  wants  of  the  citizens  of  this  district  on  the  floor  of 
congress  is  not  due  to  them,  and  to  the  character  of  our  government. 
No°portion  of  our  citizens  should  be  without  a  practical  enjoyment  of 
the  principles  of  freedom;  and  there  is  none  more  important  than  that 
which  cultivates  a  proper  relation  between  the  governors  and  the  gov- 
erned. Imperfect  as  this  must  be  in  this  case,  yet  it  is  believed  that  it 
would  be  greatly  improved  by  a  representation  in  congress,  with  the 
same  privileges  that  are  allowed  to  that  of  the  other  territories  of  the 

United  States.  . 

The  penitentiary  is  ready  for  the  reception  of  convicts,  and  only 
awaits  the  necessary  legislation  to  put  it  into  operation;  as  one  object 
of  which  I  beg  leave  to  recall  to  your  attention  the  propriety  of  provid- 
ing suitable  compensation  for  the  officers  charged  with  its  inspection. 

The  importance  of  the  principles  involved  in  the  inquiry,  whether  it 
will  be  proper  to  re-charter  the  bank  of  the  United  States,  requires  that 
I  should  again  call  the  attention  of  congress  to  the  subject.  Nothing  has 
occurred  to  lessen,  in  any  degree,  the  dangers  which  many  of  our  citi- 
zens apprehend  from  that  institution,  as  at  present  organized.  In  the  spir- 
it of  improvement  and  compromise  which  distinguishes  our  country  and 
its  institutions,  it  becomes  us  to  inquire  whether  it  be  not  possible  to  se- 
cure the  advantages  afforded  by  the  present  bank  through  the  agency  of 


68  ,  [December, 

a  bank  of  the  United  Slates  so  moditied  in  its  principles  and  structure  as 
to  obviate  constitutional  aiid  ot'iier  objections. 

It  is  thouglit  practicable  to  organize  sucb  a  bank,  with  the  necesary 
officers,  as  a  brancli  of  the  treasui-}-  department,  based  on  tlie  public  and 
individual  dcposites,  v.'ithout  power  to  make  loans  or  purchase  property, 
which  shall  remit  the  funds  of  the  government,  and  the  expenses  of  which 
may  be  paid,  if  thought  advisable,  by  allowing  its  officers  to  sell  bills  of 
exchange  to  private  individuals  at  a  moderate  premium.  Not  being  a 
corporate  body,  having  no  stockholders,  debtors,  or  property,  and  but 
few  officers,"'  it  v\^ould  not  be  obnoxious  to  the  constitutional  objections 
which  are  urged  against  the  present  bank;  and  having  no  means  to  ope- 
rate on  the  hopes,  fears,  or  interests  of  large  masses  of  tiie  community,  it 
would  be  shorn  of  the  influence  which  makes  that  bank  formidable.  The 
states  would  be  strengthened  by  having  in  their  hands  the  means  of  fur- 
nishing the  local  paper  currency  through  tlieir  own  banks;  while  the 
bank  of  the  United  States,  though  issuing  no  paper,  would  check  the  is- 
sues of  the  state  banks,  by  taking  their  notes  in  deposite,  and  for  ex- 
change, only  so  long  as  they  continue  to  be  redeemed  with  specie.  In 
times  of  public  emergency,  the  capacities  of  such  an  institution  might  be 
enlarged  by  legislative  provisions. 

These  suggestions  are  made,  not  so.  much  as  a  recommendation,  as 
with  a  view  of  calling  the  attention  of  congress  to  the  possible  modifica- 
tions of  a  system  which  cannot  continue  to  exist  in  its  present  form  with- 
out occasional  collisions  with  the  local  authorities,  and  perpetual  appre- 
hensions and  discontent  on  the  part  of  the  states  and  the  people. 

In  conclusion,  fellow-ciiizens,  allow  me  to  invoke,  in  behalf  of  your 
deliberations,  that  spirit  of  conciliation  and  disinterestedness  which  is  the 
gift  of  patriotism.  Under  an  overruling  and  merciful  Providence,  the 
agency  of  this  spirit  has  thus  far  been  signalized  in  the  prosperity  and 
glory  of  our  beloved  country.     May  its  influence  be  eternal. 

ANDREW  JACKSON. 


MESSAGE  TO  CONGRESS. 


COMMUNICATED 


DECEMBER  6,  1831. 


MESSAGE  TO   CONGRESS.  ' 

Communicated  December  6,  1831. 


Fellow  citizens  of  the  Senate 

and  House  of  Representatives: 

The  representation  of  the  people  has  been  renewed  for  the  twenty- 
second  time  since  the  constitution  they  formed  has  been  in  force.  For 
near  half  a  century  the  chief  magistrates  who  have  been  successively 
tihosen  have  made  their  annual  communications  of  the  state  of  the  nation 
to  its  representatives.  Generally,  these  communications  have  been  of 
the  most  gratifying  nature,  testifying  an  advance  in  all  the  improvements 
of  social,  and  all  the  securities  of  political  life.  But  frequently,  and  just- 
ly, as  you  have  been  called  on  to  be  grateful  for  the  bounties  of  Provi- 
dence, at  few  periods  have  they  been  more  abundantly  or  extensively  be- 
stowed than  at  the  present;  rarely,  if  ever,  have  we  had  greater  reason 
to  congratulate  each  other  on  the  continued  and  increasing  prosperity  of 
our  beloved  country. 

Agriculture,  the  first  and  most  important  occupation  of  man,  has  com- 
pensated the  labors  of  the  husbandman  with  plentiful  crops  of  all  the  va- 
ried products  of  our  extensive  country.  Manufactures  have  been  estab- 
lished, in  which  the  funds  of  the  capitalist  find  a  profitable  investment, 
and  which  give  employment  and  subsistence  to  a  numerous  and  increas- 
ing body  of  industrious  and  dexterous  mechanics.  The  laborer  is  reward- 
ed by  high  wages,  in  the  construction  of  works  of  internal  improvement, 
which  are  extending  with  unprecedented  rapidity.  Science  is  steadily 
penetrating  the  recesses  of  nature,  and  disclosing  her  secrets,  while  the 
ingenuity  of  free  minds  is  subjecting  the  elements  to  the  power  of  man, 
and  making  each  new  conquest  auxiliary  to  his  comfort.  By  our  mails, 
whose  speed  is  regularly  increased,  and  whose  routes  are  every  year  ex- 
tended, the  communication  of  public  intelligence  and  private  business  is 
rendered  frequent  and  safe — the  intercourse  between  distant  cities,  which 
it  iormerly  required  weeks  to  accomplisli,  is  no^v  effected  in  a  iew  days; 
and  in  the  construction  of  rail  roads,  and  the  application  of  steam  power, 
we  have  a  reasonable  prospect  that  the  extreme  parts  of  our  country  will 
be  so  much  approximated,  and  those  most  isolated  by  the  obstacles  of  na- 
ture, rendered  so  accessible  as  to  remove  an  apprehension  sometimes  en- 


72  [December, 

tertained,  that  the  great  extent  of  the  union  would  endanger  its  perma- 
nent existence. 

If,  from  the  satisfactory  view  of  our  agriculture,  manufactures,  and  in- 
ternal improvements,  we  turn  to  the  state  of  our  navigation  and  trade 
with  foreign  nations,  and  hetween  the  states,  we  shall  scarcely  find  less 
cause  for  gratulation.  A  beneficent  Providence  has  provided,  for  their 
exercise  and  encouragement,  an  extensive  coast  indented  by  capacious 
bays,  noble  rivers,  inland  seas,  with  a  country  productive  of  every  mate- 
rial lor  ship  building,  and  every  commodity  for  gainful  commerce,  and 
filled  with  a  population  active,  intelligent,  well  informed,  and  fearless  of 
danger.  These  advantages  are  not  neglected;  and  an  impulse  has  lately 
been  given  to  commercial  enterprise,  which  fills  our  ship-yards  with  new 
constructions,  encourages  all  the  arts  and  branches  of  industry  connected 
with  them,  crowds  the  wharves  of  our  cities  with  vessels,  and  covers  the 
most  distant  seas  with  our  canvass. 

Let  us  be  grateful  for  these  blessings  to  the  beneficent  Being  who  has 
conferred  them,  and  who  suffers  us  to  indulge  a  reasonable  hope  of  then- 
continuance  and  extension,  while  we  neglect  not  the  means  by  which 
they  may  be  preserved.  If  we  may  dare  to  judge  of  His  future  designs 
by  the  manner  in  which  His  past  favors  have  Deen  bestowed,  he  has  made 
our  national  prosperity  to  depend  on  the  preservation  of  our  liberties — 
our  national  force  on  our  federal  union — and  our  individual  happiness  on 
the  maintenance  of  our  state  rights  and  wise  institutions.  If  we  are  pros- 
perous at  home,  and  respected  abroad,  it  is  because  we  are  free,  united, 
industrious,  and  obedient  to  the  laws.  While  w^e  continue  so,  we  shall, 
by  tlip  blessing  of  heaven,  go  on  in  the  happy  career  we  have  begun,  and 
which  has  brought  us,  in  the  short  period  of  our  political  existence,  from 
a  population  ot  three  to  thirteen  millions — Irom  thirteen  separate  colonies 
to  twenty-four  United  States — from  weakness  to  strength — from  a  rank 
scarcely  marked  in  the  scale  of  nations  to  a  high  place  in  their  respect. 
This  last  advantage  is  one  that  has  resulted,  in  a  great  degree,  from 
the  principles  which  have  guided  our  intercourse  with  foreign  powers, 
since  we  have  assumed  an  equal  station  among  them:  and  hence,  the  an- 
nual account  which  the  executive  renders  to  the  country,  of  the  manner 
in  which  that  branch  of  his  duties  has  been  fulfilled,  proves  instructive 
and  salutary. 

The  pacific  and  wise  policy  of  our  government  kept  us  in  a  state  of 
neutrality  during  the  wars  that  have,  at  different  periods  since  our  politi- 
cal existence,  been  carried  on  by  other  powers:  but  this  policy,  while 
it  gave  activity  and  extent  to  our  commerce,  exposed  it  in  the  same  propor- 
tion to  injuries  from  the  belligerent  nations.  Hence  have  arisen  claims  of  in- 
demnity for  those  injuries.  England,  France,  Spain,  Holland,  Sweden, 
Denmark,  Naples,  and  lately  Portugal,  had  all,  m  a  greater  or  less  de- 
gree, infringed  our  neutral  rights.  Demands  for  reparation  were  made 
upon  all.  They  have  had  in  all,  and  continue  to  have  in  some  cases,  a 
leadmg  influence  on  the  nature  of  our  relations  with  the  powers  on  whom 
they  were  made. 

Of  the  claims  upon  England  it  is  unnecessary  to  speak,  further  than  to 
say,  that  the  state  of  things  to  which  their  prosecution  and  denial  gave 


1831.]  73 

rise  has  been  succeeded  by  arrangements,  productive  of  mutual  good  feel- 
ing and  amicable  relations  between  the  two  countries,  which  it  is  hoped 
will  not  be  interrupted.  One  of  these  arrangements  is  that  relating  to 
the  colonial  trade,  which  was  communicated  to  congress  at  the  last  ses- 
sion; and  although  the  short  period  during  which  it  has  been  in  force 
will  not  enable  me  to  form  an  accurate  judgment  of  its  operation,  there  is 
every  reason  to  bL.dieve  that  it  will  prove  highly  beneficial.  The  trade 
thereby  authorized  has  employed,  to  the  30th  September  last,  upwards 
of  30,000  tons  of  American,  and  15,000  tons  of  foreign  shipping  in  the 
outward  voyages;  and,  in  the  inward,  nearly  an  equal  amount  of  Ameri- 
can, and  20,000  only  of  foreign  tonnage.  Advantages  too,  have  resulted 
to  our  agricultural  interests  from  the  state  of  the  trade  between  Canada 
and  our  territories  and  states  bordering  on  the  St.  Lawrence  and  the  lakes, 
which  may  prove  more  than  equivalent  to  the  loss  sustained  by  the  dis- 
crimination made  to  favor  the  trade  of  the  northern  colonies  with  the 
West  Indies. 

After  our  transition  fiom  the  state  of  colonies  to  that  of  an  independent 
nation,  many  points  were  found  necessary  to  be  settled  between  us  and 
Great  Britain.  Among  them  was  the  demarcation  of  boundaries  not  de- 
scribed with  sufficient  precision  in  the  treaty  of  peace.  Some  of  the 
lines  that  divide  the  states  and  territories  of  the  United  States,  from  the 
British  provinces,  have  been  definitively  fixed.  That,  however,  which 
separates  us  from  the  provinces  of  Canada  and  New  Brunswick  to  the 
north  and  east,  was  still  in  dispute  when  I  came  into  office.  But  I  found 
arrangements  made  for  its  settlement,  over  which  I  had  no  control.  The 
commissioners  who  had  been  appointed  under  the  provisions  of  the  treaty 
of  Ghent,  having  been  unable  to  agree,  a  convention  was  made  with 
Great  Britain  by  my  immediate  predecessor  in  office,  with  the  advice  and 
consent  of  the  Senate,  by  which  it  was  agreed  "that  the  points  of  differ- 
ence which  have  arisen  in  the  settlement  of  the  boundary  line  between 
the  American  and  British  dominions,  as  described  in  the  5th  article  of 
the  treaty  of  Ghent,  shall  be  referred  as  therein  provided,  to  some  friend- 
ly sovereign  or  state,  who  shall  be  invited  to  investigate,  and  make  a  de- 
cision upon  such  points  of  difference:"  and  the  king  ot  the  Netherlands 
having,  by  the  late  president  and  his  Britannic  majesty,  been  designated 
as  such  friendly  sovereign,  it  became  my  duty  to  carry,  with  good  faith, 
the  agreement  so  made  into  full  effect.  To  this  end  I  caused  all  the 
measures  to  be  taken  which  were  necessary  to  a  full  exposition  of  our 
case  to  the  sovereign  arbiter;  and  nominated  as  minister  plenipotentiary 
to  his  court,  a  distinguished  citizen  of  the  state  most  interested  in  the 
question,  and  who  had  been  one  of  the  agents  previously  employed  for 
settling  the  controversy.*  On  the  10th  day  of  January  last,  his  majesty  the 
king  of  the  Netherlands  delivered  to  the  plenipotentiaries  of  the  United 
States,  and  of  Great  Britain,  his  written  opinion  on  the  case  referred  to 
h.m.  The  papers  in  relation  to  the  subject  will  be  communicated,  by  a 
special  message,  to  the  proper  branch  of  the  government,  with  the  per- 
fect confidence  that  its  wisdom  will  adopt  such  measures  as  will  secure 
an  amicable  settlement  of  the  controversy,  Vvithout  infringing  any  consti- 
tutional right  of  the  states  immediately  interested. 


74  [December, 

It  affords  me  satisfaction  to  inform  you  that  suggestions,  made  by  my 
direction  to  the  charge  d'affaires  of  his  Britannic  majesty,  to  this  govern- 
ment, have  had  their  desired  effect  in  producing  the  release  of  certain 
American  citizens  who  were  imprisoned  for  setting  up  the  authority  of 
the  state  of  Maine,  at  a  place  in  the  disputed  territory  under  the  actual 
jurisdiction  of  his  Britannic  majesty.  From  this,  and  the  assurances  I 
have  received  of  the  desire  of  the  local  authorities  to  avoid  any  cause  of 
collision,  I  have  the  best  hopes  that  a  good  understanding  will  be  kept 
up  until  it  is  confirmed  by  the  final  disposition  of  the  subject. 

The  amicable  relations  which  now  subsist  between  the  United  States 
and  Great  Britain,  the  increasing  intercourse  between  their  citizens,  and 
the  rapid  obliteration  of  unfriendly  prejudices  to  which  former  events 
naturally  gave  rise — concurred  to  present  this  as  a  fit  period  for  renewing 
our  endeavors  to  provide  against  the  recurrence  of  causes  of  irritation, 
which,  in  the  event  of  war  between  Great  Britain  and  any  other  power, 
would  inevitably  endanger  our  peace.  Animated  by  the  sincerest  desire 
to  avoid  such  a  state  of  things,  and  peacefully  to  secure,  under  all  pos- 
sible circumstances,  the  rights  and  honor  of  the  country,  I  have  given 
such  instructions  to  the  minister  lately  sent  to  the  court  of  London,  as 
will  evince  that  desire;  and  if  met  by  a  correspondent  disposition,  which 
we  cannot  doubt,  will  put  an  end  to  causes  of  collision,  which,  without 
advantage  to  either,  tend  to  estrange  from  each  other  two  nations  who 
have  every  motive  to  preserve,  not  only  peace,  but  an  intercourse  of  the 
most  amicable  nature. 

In  my  message  at  the  opening  of  the  last  session  of  congress,  I  ex- 
pressed a  confident  hope  that  the  justice  of  our  claims  upon  France, 
urged  as  they  were  with  perseverance  and  signal  ability  by  our  minister 
there,  would  finally  be  acknowledged.  This  hope  has  been  realised. 
A  treaty  has  been  signed,  which  will  immediately  be  laid  before  the  sen- 
ate, for  its  approbation;  and  which,  containing  stipulations  that  require 
legislative  acts,  must  have  the  concurrence  of  both  houses  before  it  can 
be  carried  into  effect.  By  it,  the  French  government  engage  to  pay  a  sum 
which,  if  not  quite  equal  to  that  which  may  be  found  due  to  our  citizens, 
will  yet,  it  is  believed,  under  all  circumstances,  be  deemed  satisfactory 
by  those  interested.  The  offer  of  a  gross  sum,  instead  of  the  satisfaction 
of  each  individual  claim,  was  accepted,  because  the  only  alternatives 
were  a  rigorous  exaction  of  the  whole  amount  stated  to  be  due  on  each 
claim,  which  might,  in  some  instances,  be  exaggerated  by  design,  in 
others  over-rated  through  error;  and  which,  therefore,  it  would  have 
been  both  ungracious  and  unjust  to  have  ii.sisted  on;  or  a  settlement  by  a 
mixed  commission,  to  which  the  French  negotiators  were  very  aveise, 
and  which  experience  in  other  cases  had  shown  to  be  dilatory,  and  often 
wholly  inadequate  to  the  end.  A  comparatively  small  sum  is  stipulated 
on  our  part  to  go  to  the  extinction  of  all  claims  by  French  citizens  on 
our  government;  and  a  reduction  of  duties  on  our  cotton  and  their  wines 
has  been  agreed  on,  as  a  consideration  for  the  renunciation  of  an  impor- 
tant claim  for  commercial  privileges  under  the  construction  they  gave  to 
the  treaty  for  the  cession  of  Louisiana. 

Should  this  treaty   receive  the  proper  sanction,  a  source  of  irritation 


1831.]  75 

will  be  stopped,  that  has,  for  so  many  years,  in  some  degree  alienated 
from  each  other  two  nations,  who,  from  interest  as  well  as  the  remem- 
brance of  early  associations,  ought  to  cherish  the  most  friendly  relations — 
an  encouragement  will  be  given  ior  perseverance  in  the  demands  of  jus- 
tice, by  this  new  proof,  that,  if  steadily  pursued,  they  will  be  listened 
to — and  admonition  will  be  offered  to  those  powers,  if  any,  which  may 
be  inclined  to  evade  them,  that  they  will  never  be  abandoned.  Above 
all,  a  just  confidence  will  be  inspired  in  our  fellow  citizens,  that  their 
government  will  exert  all  the  powers  with  which  they  have  invested  it, 
in  support  of  their  just  claims  upon  foreign  nations;  at  the  same  time 
that  the  frank  acknowledgment  and  provision  for  the  payment  of  those 
which  are  addressed  to  our  equity,  although  unsupported  by  legal  proof, 
affords  a  practical  illustration  of  our  submission  to  the  divine  rule  of 
doing  to  others  what  we  desire  they  should  do  unto  us. 

Sweden  and  Denmark  having  made  compensation  for  the  irregularities 
committed  by  their  vessels,  or  in  their  ports,  to  the  perfect  satisfaction 
of  the  parties  concerned,  and  having  renewed  the  treaties  of  commerce 
entered  into  with  them,  our  political  and  commercial  relations  with 
those  powers  continue  to  be  on  the  most  friendly  footing. 

With  Spain,  our  differences  up  to  the  22d  of  February,  1819,  were 
settled  by  the  treaty  of  Washington  of  that  date;  but,  at  a  subsequent 
period,  our  commerce  with  the  states,  formerly  colonies  of  Spain,  on 
the  continent  of  America,  was  annoyed  and  frequently  interrupted  by 
her  public  and  private  armed  ships.  They  captured  many  of  our  vessels 
prosecuting  a  lawful  commerce,  and  sold  them  and  their  cargoes;  and  at 
one  time,  to  our  demands  for  restoration  and  indemnity,  opposed  the  al- 
legation, that  they  were  taken  in  the  violation  of  a  blockade  of  all  the 
ports  of  those  states.  This  blockade  was  declaratory  only,  and  the  in- 
adequacy of  the  force  to  maintain  it,  was  so  manifest,  that  this  allegation 
was  varied  to  a  charge  of  trade  in  contraband  of  war.  This,  in  its  turn, 
was  also  found  untenable;  and  the  minister  whom  I  sent  with  instruc- 
tions to  press  for  the  reparation  that  was  due  to  our  injured  fellow  citi- 
zens, has  transmitted  an  answer  to  his  demand,  by  which  the  captures 
are  declared  to  have  been  legal,  and  are  justified,  because  the  indepen- 
dence of  the  states  of  America  never  having  been  acknowledged  by 
Spain,  she  had  a  right  to  prohibit  trade  with  them  under  her  old  colonial 
laws.  This  ground  of  defence  was  contradictory,  not  only  to  those 
which  had  been  formerly  alleged,  but  to  the  uniform  practice  and  es- 
tablished laws  of  nations;  and  had  been  abandoned  by  Spain  herself  in 
the  convention  which  granted  indemnity  to  British  subjects  for  captures, 
made  at  the  same  time,  under  the  same  circumstances,  and  for  the  same 
allegations  with  those  of  which  we  complain. 

I  however  indulge  the  hope  that  further  reflection  will  lead  to  other 
views,  and  feel  confident  that  when  his  catholic  majesty  shall  be  con- 
vinced of  the  justice  of  the  claim,  his  desire  to  preserve  friendly  rela- 
tions between  the  two  countries,  which  it  is  my  earnest  endeavor  to 
maintain,  will  induce  him  to  accede  to  our  demand.  I  have  therefore 
despatched  a  special  messenger  with  instructions  to  our  minister  to  bring 
the  case  once  more  to  his  consideration;  to  the  end  that  i<^,  which  I  canudt 


76  [December, 

bring  myself  to  believe,  the  same  decision,  that  cannot  but  be  deemed 
an  unfriendly  denial  of  justice,  should  be  persisted  in,  the  matter  may, 
before  your  adjournment,  be  laid  before  you,  the  constitutional  judges  of 
what  is  proper  to  be  dmie  ^vhen  negotiation  for  redress  of  injury  fails. 

The  conclusion  of  a  treaty  for  indemnity  with  France  seemed  to  pre- 
sent a  favourable  opportunity  to  renew  our  claims  of  a  similar  nature  on 
other  powers,  and  particularly  in  the  case  of  those  upon  Naples,  more 
especially  as  in  the  course  of  former  negotiations  with  that  power,  our 
failure  to  induce  France  to  render  us  justice  was  used  as  an  argument 
against  us.  The  desires  of  the  merchants  who  were  the  principal  suf- 
ferers have  therefore  been  acceded  to,  and  a  mission  has  been  instituted 
for  the  special  purpose  of  obtaining  tor  them  a  reparation  already  too 
long  delayed.  This  measure  having  been  resolved  on,  it  w^as  put  in  ex- 
ecution without  w^aiting  for  the  meeting  of  congress,  because  the  state  of 
Europe  created  an  apprehenson  of  events  that  might  have  rendered  our 
application  ineffectual. 

Our  demands  upon  the  government  of  the  Two  Sicilies  are  of  a 
peculiar  nature;  The  injuries  on  which  they  are  founded  are  not  denied, 
nor  are  the  atrocity  and  perfidy  under  wdiich  those  injuries  were  per- 
petrated" attempted  to  be  extenuated.  The  sole  ground  on  which  indemnity 
has  been  refused  is  the  alleged  illegality  of  the  tenure  by  which  the  mon- 
arch who  made  the  seizures  held  his  crown.  This  defence,  always  un- 
founded in  any  principle  of  the  law  of  nations — now  universally  aban- 
doned, even  by  those  powers  upon  whom  the  responsibility  for  acts  of 
past  rulers  bore  the  most  heavily,  will  unquestionably  be  given  up  by 
his  Sicilian  majesty;  w^hose  counsels  will  receive  an  impulse  from  that 
high  sense  of  honor  and  regard  to  justice  which  are  said  to  characterise 
him;  and  I  feel  the  fullest  confidence  that  the  talents  of  the  citizen  com- 
missioned for  that  purpose  will  place  before  him  the  just  claims  of  our 
injured  citizens  in  such  a  light  as  will  enable  me,  before  your  adjourn- 
ment, to  announce  that  they  have  been  adjusted  and  secured.  Precise 
instructions,  to  the  effect  of  bringing  the  negotiation  to  a  speedy  issue, 
have  been  given  and  will  be  obeyed. 

In  the  late  blockade  of  Terceira,  someof  the  Portuguese  fleet  captured 
several  of  our  vessels  and  committed  other  excesses,  for  which  repara- 
tion was  demanded;  and  I  was  on  the  point  of  despatching  an  armed 
force,  to  prevent  any  recurrence  of  a  similar  violence  and  protect  our 
citizens  in  the  prosecution  of  their  lawful  commerce,  when  official  as- 
surances, on  which  I  relied,  made  the  sailing  of  the  ships  unnecessary. 
Since  that  period  frequent  promises  have  been  made  that  full  indemnity 
shall  be  given  for  the  injuries  inflicted  and  the  losses  sustained.  In  the 
performance  there  has  been  some,  perhaps  unavoidable  delay:  but  I  have 
the  fullest  confidence  that  my  earnest  desire  that  this  business  may  at 
once  be  closed,  which  our  minister  lias  been  instructed  strongly  to  express, 
will  very  soon  be  gratified,  I  have  the  better  ground  for  this  hope, 
from  the  evidence  of  a  friendly  disposition  which  that  government  has 
shown  by  an  actual  reduction  in  the  duty  on  rice,  the  produce  of  our 
southern  states,  authorising  the  anticipation  that  this  important  article  of 


1831.]  77 

our  export  will  soon  be  admitted  on  the  same  footing  with  that  produced 
by  the  most  favored  nation. 

With  the  other  powers  of  Europe,  we  have  fortunately  had  no  cause 
of  discussions  for  the  redress  of  injuries.  With  the  empire  of  the  Rus- 
sias,  our  political  connexion  is  of  the  most  friendly,  and  our  commercial, 
of  the  most  liberal  kind.  We  enjoy  the  advantages  of  navigation  and 
trade,  given  to  the  most  favored  nation:  but  it  has  not  yet  suited  their 
policy,  or  perhaps  has  not  been  found  convenient  from  other  considera- 
tions, to  give  stability  and  reciprocity  to  those  privileges,  by  a  commer- 
cial treaty.  The  ill  health  of  the  minister  last  year  charged  with  making 
a  proposition  for  that  arrangement,  did  not  permit  him  to  remain  at  St. 
Petersburgh,  and  the  attention  of  that  government,  during  the  whole  of 
the  period  since  his  departure,  having  been  occupied  by  the  war  in  which 
it  was  engaged,  we  have  been  assured  that  nothing  could  have  been  effect- 
ed by  his  presence.  A  minister  will  soon  be  nominated,  as  well  to  effect 
this  important  object,  as  to  keep  up  the  relations  of  amity  and  good  un- 
derstanding of  which  we  have  received  so  many  assurances  and  proofs 
from  his  imperial  majesty  and  the  emperor  his  predecessor. 

The  treaty  with  Austria  is  opening  to  us  an  important  trade  with  the 
hereditary  dominions  of  the  emperor,  the  value  of  which  has  been  hith- 
erto little  known,  and  of  course  not  sufficiently  appreciated.  While  our 
commerce  finds  an  entrance  into  the  south  of  Germany  by  means  of  this 
treaty,  those  we  have  formed  with  the  Hanseatic  towns  and  Prussia,  and 
others  now  in  negotiation,  will  open  that  vast  country  to  the  enterprising 
spirit  of  our  merchants,  on  the  north:  a  country  abounding  in  all  the  mate- 
rials for  a  mutually  beneficial  commerce,  filled  with  enlightened  and  in- 
dustrious inhabitants,  holding  an  important  place  in  the  politics  of  Eu- 
rope, and  to  which  we  owe  so  many  valuable  citizens.  The  ratification  of 
the  treaty  with  the  Porte  was  sent  to  be  exchanged  by  the  gentleman  ap- 
pointed our  charge  d'affaires  to  that  court.  Some  difficulties  occurred 
on  his  arrival;  but  at  the  date  of  his  last  official  despatch,  he  supposed 
they  had  been  obviated,  and  that  there  was  every  prospect  of  the  ex- 
change being  speedily  effected. 

This  finishes  the  connected  view  I  have  thought  it  proper  to  give  of 
our  political  and  commercial  relations  in  Europe.  Every  effort  in 
my  power  will  be  continued  to  strengthen  and  extend  them  by  treaties 
founded  on  principles  of  the  most  perfect  reciprocity  of  interest,  neither 
asking,  nor  conceding  any  exclusive  advantage,  but  liberating,  as  far  as 
it  lies  in  my  power,  the  activity  and  industry  of  our  fellow-citizens  from 
the  shackles  which  foreign  restrictions  may  impose. 

To  China  and  the  East  Indies,  our  commerce  continues  in  its  usual 
extent  and  with  increased  facilities,  which  the  credit  and  capital  of  our 
merchants  afford,  by  substituting  bills  for  payments  in  specie.  A  daring 
outrage  having  been  committed  in  those  seas,  by  the  plunder  of  one  of 
our  merchantmen  engaged  in  the  pepper  trade,  at  a  port  in  Sumatra,  and 
the  piratical  perpetrators  belonging  to  tribes  in  such  a  state  of  society, 
that  the  usual  course  of  proceedings  between  civilized  nations  could  not 
10 


78  [December. 

be  pursued,  I  forthwith  despatched  a  fiii^ate  with  orders  to  require  im- 
mediate satisfaction  for  the  injury,  and  indemnity  to  the  sufferers. 

Few  changes  have  taken  place  in  our  connexions  with  the  independent 
states  of  America  since  my  last  communication  to  congress.  The  ratification 
of  a  commercial  treaty  with  the  united  republics  of  Mexico  has  been  for 
some  time  under  deliberation  in  their  congress,  but  was  still  undecided 
at  the  date  of  our  last  despatches.     The  unhappy  civil  commotions  that 
have  prevailed   there,  were  undoubtedly  the  cause  of  the  delay;  but  as 
the  government  is  now  said  to  be  tranquillized,  we  may  hope  soon  to  re- 
ceive the  ratification  of  the  treaty,  and  an  arrangement  for  the  demarca- 
tion of  the  boundaries  between  us.     In  the  mean  time  an  important  trade 
has  been  opened,  with  mutual  benefit,  from  St.  Louis,  in  the  state  of  Mis- 
souri, by  caravans,  to  the  interior  provinces  of   Mexico.     This  com- 
merce is  protected  in  its  progress  through  the  Indian  countries  by  the 
troops  of  the  United  States,  which  have  been  permitted  to  escort  the 
caravans  beyond  our  boundaries,  to  the  settled  part  of  the  Mexican  territory. 
From  Central  America  I  have  received  assurances  of  the  most  friendly 
kind,  and  a  gratifying  application  for  our  good  offices   to  remove  a  sup- 
posed indisposition  towards  that  government  in  a  neighboring  state;  this 
application  was   immediately   and  successfully   complied   with.     They 
gave  us  also  the  pleasing  intelligence  that  differences  which  had  prevail- 
ed in  their  internal  affairs  had  been  peaceably  adjusted.     Our  treaty  with 
the  republic  continues  to  be  faithfully  observed,  and  promises  a  great  and 
beneficial   commerce   between  the   two  countries;  a  commerce  of  the 
greatest  importance,  if  the  magnificent  project  of  a  ship  canal  through  the 
dominions  of  that  state,  from  the  Atlantic  to  the  Pacific  ocean,  now  in  se- 
rious contemplation,  shall  be  executed. 

I  have  great  satisfaction  in  communicating  the  success  which  has  at- 
tended the  exertions  of  our  minister  in  Colombia  to  procure  a  very  con- 
siderable reduction  in  the  duties  on  our  flour  in  that  republic.  Indemni- 
ty, also,  has  been  stipulated  for  injuries  received  by  our  merchants  from 
illegal  seizures;  and  renewed  assurances  are  given  that  the  treaty  be- 
tween the  two  countries  shall  be  faithfully  observed. 

Chili  and  Peru  seem  to  be  still  threatened  with  civil  commotions;  and, 
until  they  shall  be  settled,  disorders  may  naturally  be  apprehended,  re- 
quiring the  constant  presence  of  a  naval  force  in  the  Pacific  ocean,  to 
protect  our  fisheries  and  guard  our  commerce. 

The  disturbances  that  took  place  in  the  empire  of  Brazil,  previously 
to,  and  immediately  consequent  upon,  the  abdication  of  the  late  emperor, 
necessarily  suspended  any  effectual  application  for  the  redress  of  some 
past  injuries,  suffered  by  our  citizens  from  that  government,  while  they 
have  been  the  cause  of  the  others,  in  which  all  foreigners  seem  to  have 
participated.  Instructions  have  been  given  to  our  minister  there,  to  press 
for  indemnity  due  for  losses  occasioned  by  these  irregularities;  and  to 
take  care  that  our  fellow-citizens  shall  enjoy  all  the  privileges  stipulated 
in  their  favor,  by  the  treaty  lately  made  between  the  two  powers,  all 
which,  the  good  intelligence  that  prevails  between  our  minister  at  Rio 
Janeiro  and  the  regency,  gives  us  the  best  reason  to  expect. 


1831.]  79 

I  should  have  placed  Buenos  Ayres  in  the  list  of  south  American  pow- 
ers in  respect  to  which  nothing  of  importance  aflecting  us  was  to  be  com- 
municated, but  fv)r  occurrences  which  have  lately  taken  place  at  the 
Falkland  islands,  in  which  the  name  of  that  republic  has  been  used  to 
cover  with  a  show  of  authority,  acts  injurious  to  our  commerce,  and  to 
the   property  and  liberty  of  our  fellow  citizens.     In  the  course  of  the 
present  year,  one  of  our  vessels  engaged  in  the  pursuit  of  a  trade  which 
we  have  always  enjoyed,  without  molestation,  has  been  captured  by  a 
band  acting  as  they  pretend,  under  the  authority  of  the  government  of 
Buenos  Ayres.     I  have  therefore  given  orders  for  the  despatch  of  an  arm- 
ed vessel,  to  join  our  squadron  in  those  seas,  and  aid  in  affording  all  law- 
ful protection  to  our  trade  wliich  shall  be  necessary;  and  shall  without 
delay  send  a  minister  to  inquire  into  the  nature  of  the  circumstances,  and 
also  of  the  claim,  if  any,  that  is  set  up  by  that  government,  to  those  is- 
lands.    In  the  mean  time  I  submit  the  case  to  the  consideration  of  con- 
gress, to  the  end  that  they  may  clothe  the  executive  with  such  authority 
and  means  as  they  may  deem  necessary  for  providing  a  force  adequate  to 
the  complete  protection  of  our  fellow-citizens  fishing  and  trading  in  those 
seas. 

This  rapid  sketch  of  our  foreign  relations,  it  is  hoped,  fellov^^  citizens, 
may  be  of  some  use  in  so  much  of  your  legislation  as  may  bear  on  that 
important  subject;  while  it  affords  to  the  country  at  large  a  source  of 
high  gratification  in  the  contemplation  of  our  political  and  commercial 
connexion  with  the  rest  of  the  world.  At  peace  with  all — having  sub- 
jects of  future  difference  with  few,  and  those  susceptible  of  easy  adjust- 
ment— extending  our  commerce  gradually  on  all  sides,  and  on  none  by 
any  but  the  most  liberal  and  mutually  beneficial  means — we  may,  by  the 
blessing  of  Providence,  hope  for  ail  that  national  prosperity  which  can 
be  derived  from  an  intercourse  with  foreign  nations,  guided  by  those 
eternal  principles  ol  justice  and  reciprocal  good  will,  which  are  bindin"- 
as  well  upOn  states,  as  the  individuals  of  whom  they  are  composed. 

I  have  great  satisfaction  in  making  this  statement  of  our  affairs,  because 
the  course  of  our  national  policy  enables  me  to  do  it  without  any  indis 
creet  exposure  of  what  in  otlier  governments  is  usually  concealed  from 
the  people.  Having  none  but  a  straight-forward  open  course  to  pursue 
—guided  by  a  single  principle  that  will  bear  the  strongest  light— we 
have  happily  no  political  combinations  to  form,  no  alliances  to  entangle 
us,  no  complicated  interests  to  consult;  and  in  subjecting  all  we  have 
done  to  the  consideration  of  our  citizens,  and  to  the  inspection  of  the 
world,  we  give  no  advantage  to  other  nations,  and  lay  ourselves  open  to 
no  injury. 

It  may  not  be  improper  to  add  that,  to  preserve  this  state  of  things, 
and  give  confidence  to  the  world  in  the  integrity  of  our  designs,  all  our 
consular  and  diplomatic  agents  are  strictly  enjoined  to  examine  well 
every  cause  of  complaint  preferred  by  our  citizens;  and,  while  they  urge 
with  proper  earnestness  those  that  are  well  founded,  to  countenance  none 
that  are  unreasonable  or  unjust,  and  to  enjoin  on  our  merchants  and  navi- 
gators the  strictest  obedience  to  the  laws  of  the  countries  to  which  they 


80  [December, 

resort,  and  a  course  of  conduct  in  their  dealings  that  may  support  the 
character  of  our  nation,  and  render  us  respected  abroad. 

Connected  with  this  subject,  I  must  recommend  a  revisal  of  our  con- 
sular laws.  Defects  and  omissions  have  been  discovered  in  their  opera- 
tion, that  ought  to  be  remedied  and  supplied.  For  your  further  informa- 
tion on  this  subject,  I  have  directed  a  report  to  be  made  by  the  secretary 
of  state,  which  I  shall  hereafter  submit  to  your  consideration. 

The  internal  peace  and  security  of  our  confederated  states,  is  the  next 
principal  object  of  the  general  government.  Time  and  experience  have 
proved  that  the  abode  of  the  native  Indian  within  their  limits  is  dangerous 
to  their  peace,  and  injurious  to  themselves.  In  accordance  with  my  re- 
commendation at  a  former  session  of  congress,  an  appropriation  of  half 
a  million  of  dollars  was  made  to  aid  the  voluntary  removal  of  the  various 
tribes  beyond  the  limits  of  the  states.  At  the  last  session  I  had  the  hap- 
piness to  announce  that  the.  Chickasaws  and  Choctaws  had  accepted  the 
generous  offer  of  the  government,  and  agreed  to  remove  beyond  the  Mis- 
sissippi river,  by  which  the  whole  of  the  state  of  Mississippi  and  the 
western  part  of  Alabama  will  be  freed  from  Indian  occupancy,  and  open- 
ed to  a  civilized  population.  The  treaties  with  these  tribes  are  in  a 
course  of  execution,  and  their  removal,  it  is  hoped,  will  be  completed  in 
the  course  of  1832. 

At  the  request  of  the  authorities  of  Georgia,  the  registration  of  Cher- 
okee Indians  for  emigration  has  been  resumed,  and  it  is  confidently  ex- 
pected that  one  half,  if  not  two  thirds  of  that  tribe,  will  follow  the  wise 
example  of  their  more  westerly  brethren.  Those  who  prefer  remaining 
at  their  homes  will  hereafter  be  governed  by  the  laws  of  Georgia,  as  all 
her  citizens  are,  and  cease  to  be  the  objects  of  peculiar  care  on  the  part 
of  the  general  government. 

During  the  present  year,  the  attention  of  the  government  has  been  par- 
ticularly directed  to  those  tribes  in  the  powerful  and  growing  state  of 
Ohio,  where  considerable  tracts  of  the  finest  lands  were  still  occupied 
by  the  aboriginal  proprietors.  Treaties,  either  absolute  or  conditional, 
have  been  made,  extinguishing  the  whole  Indian  title  to  the  reservations 
in  that  state;  and  the  time  is  not  distant,  it  is  hoped,  when  Ohio  will  be 
no  longer  embarrassed  with  the  Indian  population.  The  same  measure 
will  be  extended  to  Indiana,  as  soon  as  there  is  reason  to  anticipate  suc- 
cess. 

It  is  confidently  believed,  that  perseverance  for  a  few  years  in  the 
present  policy  of  the  government,  will  extinguish  the  Indian  title  to  all 
lands  lying  within  the  states  composing  our  federal  union,  and  remove 
beyond  their  limits  every  Indian  who  is  not  willing  to  submit  to  their 
laws.  Thus  will  all  conflicting  claims  to  jurisdiction  between  the  states* 
and  the  Indian  tribes  be  put  to  rest.  It  is  pleasing  to  reflect,  that  results 
so  beneficial,  not  only  to  the  states  immedately  concerned,  but  to  the  har- 
mony of  the  union,  will  have  been  accomplished,  by  measures  equally 
advantageous  to  the  Indians.  What  the  native  savages  become  when 
surrounded  by  a  dense  population,  and  by  mixing  with  the  whites,  may 
be  seen  in  the  remnants  of  a  few  eastern  tribes,  deprived  of  political  and 
civil  rights,  forbidden  to  make  contracts,  and  subjected  to  guardians, 


1831.]  ^^ 

dragging  out  a  wretched  existence,  without  excitement,  without  hope, 

and^'almost  without  thought.  ,,     v-.        a  ■    -  a-  r        c.^ 

But  the  removal  of  the  Indians  beyond  the  limits  and  jurisdiction  of  tne 
state«  does  not  place  them  beyond  the  reach  of  philanthropic  aid  and 
Christian  instruction.  On  the  contrary,  those  whom  philanthropy  or  re- 
ligion may  induce  to  live  among  them  in  their  new  abode  vvill  be  more 
free  in  the  exercise  of  their  benevolent  functions,  than  if  they  liad  re- 
mained within  the  limits  of  the  states,  embarrassed  by  their  internal  reg- 
ulations Now,  subject  to  no  control  but  the  superintending  agency  of 
the  o-eneral  government,  exercised  with  the  sole  view  of  preserving  peace, 
they  may  proceed  unmolested  in  the  interesting  experiment  of  gradually 
advancing  a  community  of  American  Indians  from  barbarism  to  the  habits 
and  enjoyments  of  civilized  life.  .         r  i  v 

Among  the  happiest  effects  of  the  improved  relations  of  our  republic, 
has  been  an  increase  of  trade,  producing  a  corresponding  increase  of  reve- 
nue beyond  the  most  sanguine  anticipations  of  the  treasury  department. 
The  state  of  the  public  finances  will  be  fully  shewn  by  the  secretary 
of  the  treasury,  in  the  report  which  he  will  presently  lay  before  you. 
I  will  here,  however,  congratulate  you  upon  their  prosperous  condition. 
The  revenue  received  in  the  present  year  will  not  fall  short  of  twenty- 
seven  millions,  seven  hundred  thousand  dollars;  and  the  expenditures  tor 
all  objects,  other  than  the  public  debt,  will  not  exceed  fourteen  millions, 
seven  hundred  thousand.  The  payment  on  account  of  the  principal  and 
interest  of  the  debt,  during  the  year,  will  exceed  sixteen  millions  and  a 
half  of  dollars:  a  greater  sum  than  has  been  applied  to  that  object,  out  of 
the  revenue,  in  any  year  since  the  enlargement  of  the  sinking  fund,  ex- 
cept the  two  years  following  immediately  thereafter.  The  amount  which 
will  have  been  applied  to  the  public  debt  from  the  4th  of  March,  1829, 
to  the  first  of  January  next,  which  is  less  than  three  years  since  the  ad- 
ministration has  been  placed  in  my  hands,   will  exceed  forty  millions  of 

dollars.  .  ,        n 

From  the  large  importations  of  the  present  year,  it  may  be  sately  es- 
timated that  the  revenue  which  will  be  received  into  the  treasury  from 
that  source  during  the  next  year,  with  the  aid  of  that  received  from  the 
public  lands,  will  considerably  exceed  the  amount  of  the  receipts  of  the 
present  year,  and  it  is  believed  that  with  the  means  which  the  govern- 
ment will  have  at  its  disposal,  from  various  sources,  which  will  be  fully 
stated  by  the  proper  department,  the  whole  of  the  public  debt  may  be 
extinguished,  either  by  redemption  or  purchase,  within  the  four  years  of 
my  administration.  We  shall  then  exhibit  the  rare  example  of  a  great 
nation,  abounding  in  all  the  means  of  happiness  or  security,  altogether 

free  from  debt. 

The  confidence  with  which  the  extinguishment  of  the  public  debt  may 
be  anticipated,  presents  an  opportunity  for  carrying  into  effect  more  fully 
the  policy  in  relation  to  import  duties,  which  has  been  recommended  in 
my  former  messages.  A  modification  of  the  tariff,  which  shall  produce 
a  reduction  of  our  revenue  to  the  wants  of  the  government,  and  an  ad- 
justment of  the  duties  on  imports  with  a  view  to  equal  justice  in  relation 
to  all  our  national  interests  and  to  the  counteraction  of  foreign  policy,  so 


82  [December, 

far  as  it  may  be  injurious  to  those  interests,  is  deemed  to  be  one  of  the 
principal  objects  which  demand  the  consideiation  of  the  present  congress. 
Justice  to  the  interests  of  the  merchant  as  well  as  the  manufacturer,  re- 
quires, that  material  reductions  in  the  import  duties  be  prospective:  and 
unless  the  present  congress  shall  dispose  of  the  subject,  the  proposed  re- 
ductions cannot  properly  be  made  to  take  effect  at  the  period  when  the 
necessity  for  the  revenue,  arising  from  present  rates,  shall  cease.  It  is, 
therefore,  desirable,  that  arrangements  be  adopted  at  your  present  ses- 
sion, to  relieve  the  people  from  unnecessary  taxation,  after  the  extin- 
guishment of  the  public  debt.  In  the  exercise  of  that  spirit  of  conces- 
sion and  conciliation  which  has  distinguished  the  friends  of  our  union  in 
all  great  emergencies,  it  is  believed  that  this  object  may  be  efi'ected  with- 
out injury  to  any  national  interest. 

In  my  annual  message  of  December,  1829,  I  had  the  honor  to  recom- 
mend the  adoption  of  a  more  liberal  policy,  than  that  which  then  prevail- 
ed towards  unfortuniite  debtors  to  the  government;  and  I  deem  it  my  duty 
again  to  invite  your  attention  to  this  subject. 

Actuated  by  similar  views,  congress,  at  their  last  session,  passed  an  act 
for  the  relief  of  certain  insolvent  debtors  of  the  United  States;  but  the 
provisions  of  that  law  have  not  been  deemed  such  as  were  adequate  to 
that  relief  to  this  unfortunate  class  of  our  fellow-citizens,  which  may  be 
safely  extended  to  them.  The  points  in  which  the  law  appears  to  be  de- 
fective will  be  particularly  communicated  by  the  secretary  of  the  treas- 
ur}:  and  I  take  pleasure  in  recommending  such  an  extension  of  its  pro- 
visions as  will  unfetter  the  enterprise  of  a  valuable  portion  of  our  citi- 
zens, and  restore  to  them  the  means  of  usefulness  to  themselves  and  the 
community.  While  deliberating  upon  this  subject,  I  would  also  recom- 
mend to  your  consideration  the  propriety  of  so  modifying  the  laws  for 
enforcing  the  payment  of  debts,  due  either  to  the  public,  or  to  individu- 
als sueing  in  the  courts  of  the  United  States,  as  to  restrict  the  imprison- 
ment of  the  person  to  cases  of  fraudulent  concealment  of  property.  The 
personal  liberty  of  the  citizen  seems  too  sacred  to  be  held,  as  in  many 
cases  it  now  is,  at  the  will  of  a  creditor  to  whom  he  is  willing  to  surren- 
der all  the  means  he  has  of  discharging  his  debt. 

The  reports  from  the  secretaries  of  the  war  and  navy  departments,  and 
from  the  postmaster  general,  which  accompany  this  message,  present  sat- 
isfactory views  of  the  operations  of  the  departments  respectively  under 
their  charge;  and  suggest  improvements  which  are  worthy  of,  and  to 
which  1  invite  the  serious  attention  of  congress.  Certain  defects  and 
omissions  having  been  discovered  in  the  operation  of  the  laws  respecting 
patents,  Uiey  are  pointed  out  in  the  accompanying  report  from  the  secre- 
tary ot  state. 

1  have  heretofore  recommended  amendments  "of  the  federal  constitu- 
tion, giving  the  election  of  president  and  vice  president  to  the  people, 
and  limiting  the  service  of  the  former  to  a  single  term.  So  important 
do  I  consider  these  changes  in  our  fundamental  law,  that  I  cannot,  in  ac- 
cordance with  my  sense  ol"  duty,  omit  to  press  them  upon  the  consid- 
eration of  a  new  'congress.  For  my  views  more  at  large,  as  well  in  re- 
lation to  these  points  as  to  the  disqualification  of  members  of  congress  to 


1831.]  83 

receive  an  office  from  a  president  in  whose  election  they  have  had  an 
official  agency,  which  I  proposed  as  a  substitute,  I  refer  you  to  my  for- 


mer messages. 


Our  system  of  public  accounts  is  extremely  complicated,  and^  it  is  be- 
lieved, may  be  much  improved.  Much  of  the  present  machinery,  and  a 
considerable  portion  of  the  expenditure  of  public  money,  may  be  dis- 
pensed with,  while  greater  facilities  can  be  afforded  to  the  liquidation  of 
claims  upon  the  government,  and  an  examination  into  their  justice  and  le- 
gality, quite  as  efficient  as  the  present,  secured.  With  a  view  to  a  gen- 
eral reform  in  the  system,  I  recommend  the  subject  to  the  attention  of 


congress. 


I  deem  it  my  duty  again  to  call  your  attention  to  the  condition  of  the 
District  of  Columbia.  It  was  doubtless  wise  in  the  framers  of  our  con- 
stitution, to  place  the  people  of  this  district  under  the  jurisdiction  of  the 
general  government;  but,  to  accomplish  the  objects  they  had  in  view,  it 
is  not  necessary  that  this  people  should  be  deprived  of  all  the  privileges 
of  self-government.  Independently  of  the  difficulty  of  inducing  the  re- 
presentatives of  distant  states  to  turn  their  attention  to  projects  of  laws, 
which  are  not  of  the  highest  interest  to  their  constituents,  they  are  not  in- 
dividually, nor  in  congress  collectively,  well  qualified  to  legislate  over 
the  local  concerns  of  this  district.  Consequently,  its  interests  are  mucb 
neglected,  and  the  people  are  almost  afraid  to  present  their  grievances, 
lest  a  body,  in  t^'hich  they  are  not  represented,  and  which  feels  little 
sympathy  in  their  local  relations,  should,  in  its  attempt  to  make  laws  for 
them,  do  more  harm  than  good.  Governed  by  the  laws  of  the  states 
whence  they  were  severed,  the  two  shores  of  the  Potomac  within  the  ten 
miles  square,  have  different  penal  codes:  not  the  present  codes  of  Virgi- 
nia and  Maryland,  but  such  as  existed  in  those  states,  at  the  time  of  the 
cession  to  the  United  States.  As  congress  will  not  form  a  new  code,  and 
as  the  people  of  the  district  cannot  make  one  for  themselves,  they  are 
virtually  under  two  governments.  Is  it  not  just  to  allow  them  at  least  a 
delegate  in  congress,  if  not  a  local  legislature,  to  make  laws  for  the  dis- 
trict, subject  to  the  approval  or  rejection  of  congress.?  I  earnestly  re- 
commend the  extension  to  them  of  every  political  rjght  which  their  in- 
terests require,  and  which  may  be  compatible  with  the  constitution. 

The  extension  of  the  judiciary  system  of  the  United  States  is  deemed 
to  be  one  of  the  duties  of  governnfient.  One  fourth  of  the  states  in  the 
union  do  not  participate  in  the  benefits  of  a  circuit  court.  To  the  states 
of  Indiana,  Illinois,  Missouri,  Alabama,  Mississippi,  and  Lousiana,  ad- 
mitted into  the  union  since  the  present  judicial  system  was  organised,  on- 
ly a  district  court  has  been  allowed.  If  this  be  sufficient,  then  the  circuit 
courts,  already  existing  in  eighteen  states,  ought  to  be  abolished;  if  it 
be  not  sufficient,  the  defect  ought  to  be  remedied,  and  these  states  placed 
on  the  same  footing  with  the  other  members  of  the  union.  It  was  on 
this  condition,  and  on  this  footing,  that  they  entered  the  union;  and  they 
may  demand  circuit  courts  as  a  matter,  not  of  concession,  but  of  right. 
I  trust  that  congress  will  not  adjourn,  leaving  this  anomaly  in  our  system. 

Entertaining  the  opinions  heretofore  expressed  in  relation  to  the  bank 
of  the  United  States,  as  at  present  organized,  I  felt  it  my  duty,  in  my 


84  [December, 

former  messages,  frankly  to  disclose  them,  in  order  that  the  attention  of 
the  legislature  and  the  people  should  be  seasonably  directed  to  that  im- 
portant subject,  and  that  it  might  be  considered  and  finally  disposed  of  in 
a  manner  best  calculated  to  promote  the  ends  of  the  constitution,  and  sub- 
serve the  public  interests.  Having  thus  conscientiously  discharged  a  con- 
stitutional duty,  I  deem  it  proper,  on  this  occasion,  without  a  more  par- 
ticular reference  to  the  views  of  the  subject  then  expressed,  to  leave  it 
for  the  present  to  the  investigation  of  an  enlightened  people  and  their  re- 
presentatives. 

In  conclusion,  permit  me  to  invoke  that  Power  which  superintends  all 
governments,  to  infuse  into  your  deliberations,  at  this  important  crisis  of 
our  history,  a  spirit  of  mutual  forbearance  and  conciliation.  In  that  spi- 
rit was  our  union  formed,  and  in  that  spirit  must  it  be  preserved. 

ANDREW  JACKSON. 


MESSAGE  TO  CONGRESS. 


COMMUNICATED 


DECEMBER  4,  1832 


MESSAGE   TO   CONGRESS, 

Coaiissiuuicated  Beceiuber  4,  183^. 


Fellow  citizens  of  the  Senate 

and  House  of  Representatives: 

It  gives  me  pleasure  to  congratulate  you  upon  your  return  to  the  seat 
of  government,  for  the  purpose  of  discharging  your  duties  to  the  people 
of  the  United  States.  Although  the  pestilence  which  had  traversed  the 
old  world  has  entered  our  limits,  and  extended  its  ravages  over  much  of 
our  land,  it  has  pleased  Almighty  God  to  mitigate  its  severity,  and  lessen 
the  number  of  its  victims,  compared  with  those  who  have  fallen  in  most 
other  countries  over  which  it  has  spread  its  terrors.  Notwithstanding 
this  visitation,  our  country  presents,  on  every  side,  marks  of  prosperity 
and  happiness,  unequalled,  perhaps,  in  any  ottler  portion  of  the  world. 
If  we  fully  appreciate  our  comparative  condition,  existing  causes  of  dis- 
content will  appear  unworthy  of  attention,  and  with  hearts  of  thankfulness 
to  that  Divine  Being  who  has  filled  our  cup  of  prosperity,  we  shall  feel 
our  resolution  strengthened  to  preserve,  and  hand  down  to  posterity,  that 
liberty  and  that  union  which  we  have  received  from  our  fathers,  and 
which  constitute  the  sources  and  the  shield  of  all  our  blessings. 

The  relations  of  our  country  continue  to  present  the  same  picture  of 
amicable  intercourse  that  I  had  the  satisfaction  to  hold  up  to  your  view  at 
the  opening  of  your  last  session.  The  same  friendly  professions,  the 
same  desire  to  participate  in  our  flourishing  commerce,  the  san^ie  disposi- 
tion to  refrain  from  injuries,  unintentionally  offered,  are,  with  few  excep- 
tions, evinced  by  all  nations  with  whom  we  have  any  intercourse.  This 
desirable  state  of  things  may  be  mainly  ascribed  to  our  undeviating  prac- 
tice of  the  rule  which  has  long  guided  our  national  policy,  to  require  no 
exclusive  privileges  in  commerce,  and  to  grant  none.  It  is  daily  produ- 
cing its  beneficial  effect  in  the  respect  shown  to  our  flag,  the  protection 
of  our  citizens  and  their  property  abroad,  and  in  the  increase  of  our  navi- 
gation and  the  extension  of  our  mercantile  operations.  The  re  (urns  which 
have  been  made  out  since  we  last  met,  will  show  an  increase;  during  the 
last  preceding  year  of  more  than  80,000  tons  in  our  shippimg,  and  of 
near  forty  millions  of  dollars  in  the  aggregate  of  our  imports  amd  exports. 

Nor  have  we  less  reason  to  felicitate  ourselves  on  the  position  of  our 
political  than  of  our  commercial  concerns.     They  remain  in  the  state  in 


88  1  [December, 

which  they  were  when  I  last  addressed  you — a  state  of  prosperity  and 
peace,  the  effect  of  a  wise  attention  to  the  parting  advice  of  the  revered 
father  of  his  country,  on  this  subject,  condensed  into  a  maxim  for  the  use 
of  posterity,  by  one  of  his  most  distinguished  successors,  to  cultivate  free 
commerce  and  honest  friendship  with  all  nations,  but  to  make  entangling 
alliances  with  none.  A  strict  adherence  to  this  policy  has  kept  us  aloof 
from  the  perplexing  questions  that  now  agitate  the  European  world,  and 
have  more  than  once  deluged  those  countries  with  blood.  Should  those 
scenes  unfortunately  recur,  the  parties  to  the  contest  may  count  on  a 
faithful  performance  of  the  duties  incumbent  on  us  as  a  neutral  nation, 
and  our  own  citizens  may  equally  rely  on  the  firm  assertion  of  their  neu- 
tral rights. 

With  the  nation  that  was  our  earliest  friend  and  ally  in  the  infancy  of 
our  political  existence,  the  most  friendly  relations  have  subsisted  through 
the  late  revolutions  of  its  government,  and,  from  the  events  of  the  last, 
promise  a  permanent  duration.  It  has  made  an  approximation  in  some  of 
its  political  institutions  to  our  own,  and  raised  a  monarch  to  the  throne 
who  preserves,  it  is  said,  a  friendly  recollection  of  the  period  during 
which  he  acquired  among  our  citizens  the  high  consideration  that  could 
then  have  been  produced  by  his  personal  qualifications  alone. 

Our  commerce  with  that  nation  is  gradually  assuming  a  mutually  bene- 
ficial character,  and  the  adjustment  of  the  claims  of  our  citizens  has  re- 
moved the  only  obstacle  there  was,  to  an  intercourse  not  only  lucrative, 
but  productive  of  literary  and  scientific  improvement. 

From  Great  Britain  1  have  the  satisfaction  to  inform  you  that  I  continue 
to  receive  assurances  of  the  most  amicable  disposition,  which  have,  On 
my  part,  on  all  proper  occasions,  been  promptly  and  sincerely  recipro- 
cated. The  attention  of  that  government  has  latterly  been  so  much  en- 
grossed by  matters  of  a  deeply  interesting  domestic  character,  that  we 
could  not  press  upon  it  the  renewal  of  negotiations  which  had  been  un- 
fortunately broken  off  by  the  unexpected  recal  of  our  minister,  who  had 
commenced  them  with  some  hopes  of  success.  My  great  object  was  the 
settlement  of  questions  which,  though  now  dormant,  might  hereafter  be 
revived  under  circumstances  that  would  not  endanger  the  good  under- 
standing which  it  is  the  interest  of  both  parties  to  preserve  inviolate,  ce- 
mented as  it  is  by  a  community  of  language,  manners  and  social  habits, 
and  by  the  high  obligations  we  owe  to  our  British  ancestors  for  many  of 
our  most  valuable  institutions,  and  for  that  system  of  representative  gov- 
ernment which  has  enabled  us  to  preserve  and  improve  them. 

The  question  of  our  north  eastern  boundary  still  remains  unsettled.  In 
my  last  annual  message,  1  explained  to  you  the  situation  in  which  I  found 
that  business  on  my  coming  into  office,  and  the  measures  I  thought  it 
my  duly  to  pursue  for  asserting  the  rights  of  the  United  States  before  the 
sovereign  wlio  had  been  chosen  by  my  predecessor  to  determine  the 
question;  and  also  the  manner  in  which  he  had  disposed  of  it.  A  special 
message  to  the  senate  in  their  executive  capacity,  afterwards  brought  be- 
fore them  the  question,  whether  they  would  advise  a  submission  to  the 
opinion  of  the  sovereign  arbiter.  That  body  having  considered  the  award 
as  not  obligatory,  and  advised  me  to  open  a  further  negotiation,  the  pro- 


1832.]  89 

position  was  immediately  made  to  the  British  government;  but  the  cir- 
cumstances to  which  I  have  alluded  have  hitherto  prevented  any  answer 
being  given  to  the  overture.  Early  attention,  however,  has  been  prom- 
ised to  the  subject,  and  every  effort  on  my  part  will  be  made  for  a  satis- 
factory settlement  of  this  question,  interesting  to  the  union  generally,  and 
particularly  so  to  one  of  its  members. 

The  claims  of  our  citizens  on  Spain  are  not  yet  acknowledged.  On  a 
closer  investigation  of  them,  than  appears  to  have  heretofore  taken  place, 
it  was  discovered  that  some  of  these  demands,  however  strong  they  might 
be  upon  the  equity  of  that  government,  were  not  such  as  could  be  made 
the  subject  of  national  interference.  A.nd  faithful  to  the  principle  of  ask- 
ing nothing  but  what  was  clearly  right,  additional  instructions  have  been 
sent,  to  modify  our  demands  so  as  to  embrace  those  only  on  which,  ac- 
cording to  the  laws  of  nations,  we  had  a  strict  right  to  insist.  An  inevi- 
table delay  in  procuring  the  documents  necessary  for  this  review  of  the 
merits  of  these  claims  retarded  this  operation,  until  an  unfortunate  malady 
which  has  afflicted  his  Catholic  majesty,  prevented  an  examination  of 
them.  Being  now  for  the  first  time  presented  in  an  unexceptionable  form, 
it  is  confidently  hoped  the  application  will  be  successful. 

I  have  the  satisfaction  to  inform  you,  that  the  application  I  directed  to 
be  made  for  the  delivery  of  a  part  of  the  archives  of  Florida,  which  had 
been  carried  to  the  Havana,  has  produced  a  royal  order  for  their  delive- 
ry, and  that  measures  have  been  taken  to  procure  its  execution. 

By  the  report  of  the  secretary  of  state,  communicated  to  you  on  the 
25th  June  last,  you  were  informed  of  the  conditional  reduction,  obtained 
by  the  minister  of  the  United  States  at  Madrid,  of  the  duties  on  tonnage 
levied  on  American  shipping  in  the  ports  of  Spain.  The  condition  of 
that  reduction  having  been  complied  with  on  our  part,  by  the  act  passed 
the  1 3th  of  July  last,  I  have  the  satisfaction  to  inform  you  that  our  ships 
now  pay  no  higher  nor  other  duties  in  the  continental  ports  of  Spain  than 
are  levied  on  their  national  vessels. 

The  demands  against  Portugal  for  illegal  captures  in  the  blockade  of 
Terceira,  have  been  allowed  to  the  full  amount  of  the  accounts  presented 
by  the  claimants,  and  payment  was  promised  to  be  made  in  three  instal- 
ments. The  first  of  these  has  been  paid — the  second,  althongh  due,  had 
not,  at  the  date  of  our  last  advices,  been  received:  owing,  it  was  alleged, 
to  embarrassments  in  the  finances,  consequent  on  the  civil  war  in  which 
the  nation  is  engaged. 

The  payments  stipulated  by  the  convention  with  Denmark,  have  been 
punctually  made,  and  the  amount  is  ready  for  distribution  among  the 
claimants  as  soon  as  the  board  now  sitting  shall  have  performed  their 
functions. 

I  regret  that  by  the  last  advices  from  our  charge  d'affaires  at  Naples, 
that  government  had  still  delayed  the  satisfaction  due  to  our  citizens;  but, 
at  that  date,  the  effect  of  the  last  instructions  was  not  known.  Despatch- 
es from  thence  are  hourly  expected,  and  the  result  will  be  communicated 
to  you  without  delay. 

With  the  rest  of  Europe,  our  relations,  political  and  commercial,  re- 
main unchanged.     Negotiations  are  going  on,  to  put  on  a  permanent  ba- 


90  [December, 

sis,  the  liberal  system  of  commerce  now  carried  on  between  us  and  the 
empire  of  Russia.  Tiie  treaty  concluded  with  Austria  is  executed  by  his 
imperial  majesty,  with  the  ciost  perfect  good  faith — and  as  we  have  no 
diplomatic  airent  at  his  court,  he  personally  inquired  into  and  corrected  a 
proceedmuf  of  some  of  his  subaltern  officers,  to  the  injury  of  our  consul  in 
one  of  his  ports. 

Our  treaty  with  the  Sublime  Porte  s  producing  its  expected  effects  on 
our  commerce.  New  markets  are  opening  for  our  commodities,  and  a 
more  extensive  range  for  the  employment  of  our  ships.  A  slight  aug- 
mentation of  the  duties  on  our  commerce,  inconsistent  with  the  spirit  of 
the  treaty,  had  been  imposed;  but  on  the  representation  of  our  charge 
d'affaires,  it  has  been  promptly  withdrawn,  and  we  now  enjoy  the  trade 
and  navigation  of  the  Black  Sea,  and  of  all  the  ports  belonging  to  the 
Turkish  empire  and  Asia,  on  the  most  perfect  equality  with  all  foreign 
nations. 

I  wish  earnestly,  that  in  announcing  to  you  the  continuance  of  friend- 
ship, and  the  increase  of  a  profitable  commercial  intercourse  with  Mex- 
ico, witii  Central  America,  and  the  states  of  the  south,  I  could  accompa- 
ny it  with  the  assurance  that  they  all  are  blessed  with  that  internal  tran- 
quillity and  foreign  peace  which  their  heroic  devotion  to  the  cause  of 
their  independence  merits.  In  Mexico,  a  sanguinary  struggle  is  now 
cari'ied  on,  whicli  has  caused  some  embairassment  to  our  commerce;  but 
both  parties  profess  the  most  friendly  disposition  towards  us.  To  the 
termination  of  this  contest,  we  look  for  the  establishment  of  that  secure 
intercourse,  so  necessary  to  nations  whose  territories  are  contiguous. 
How  irnpoit'int  it  will  be  to  us,  we  may  calculate  from  the  fact,  that  even 
in  this  unfavorable  state  of  things,  our  maritime  commerce  has  increased, 
and  an  internal  trade  by  caravans,  from  St.  Louis  to  Santa  Fe,  under  the 
protection  of  escorts  furnished  by  the  government,  is  carried  on  to  great 
advantage,  and  is  daily  increasing.  The  agents  provided  for  by  the  trea- 
ty with  this  power,  to  designate  the  boundaries  which  it  established,  have 
been  named  on  our  part;  but  one  of  the  evils  of  the  civil  war  now  raging 
there  has  been,  that  the  appointment  of  those  with  whom  they  were  to 
co-operate  has  not  yet  been  announced  to  us. 

The  government  of  Central  America  has  expelled  from  its  territory 
the  party  which  some  time  since  disturbed  its  peace.  Desirous  of  fos- 
tering a  favorable  disposition  towards  us,  which  has  on  more  than  one 
occasion  been  evinced  by  this  interesting  country,  I  made  a  second  at- 
tempt, in  this  year,  to  establish  a  diplomatic  intercourse  with  them;  out 
the  death  of  the  distinguished  citizen  whom  1  had  appointed  for  that  pur- 
pose, has  retarded  the  execution  of  measures  from  which  I  hoped  much 
advantage  to  our  commerce.  The  union  of  the  three  states  which  form- 
ed the  llepublic  of  Colombia  has  been  dissolved;  but  they  all,  it  is  believ- 
ed, consider  themselves  as  separately  bound  by  the  treaty  which  was 
made  in  their  federal  capacity  The  minister  accredited  to  the  federa- 
tion, continues  in  that  character  near  the  government  of  New  Granada, 
and  hopes  were  entertained,  that  a  new  union  would  be  formed  between 
the  separate  states,  at  least  for  the  purposes  of  foreign  intercourse  Our 
minister  has  been  instructed  to  use  his  good  offices,  whenever  they  shall 


1832.]  91 

be  desired,  to  produce  the  re-union  so  much  to  be  wished,  for  the  do- 
mestic tranquillity  of  the  parties,  and  the  security  and  facility  of  foreign 
commerce. 

Some  agitations  naturally  attendant  on  an  infant  reign  have  prevailed 
in  the  empire  of  Brazil,  which  have  had  the  usual  effect  upon  commercial 
operations;  and  while  they  suspended  the  consideration  of  claims  crea- 
ted on  similar  occasions,  they  have  given  rise  to  new  complaints  on  the 
part  of  our  citizens.  A  proper  consideration  for  calamities  and  difficul- 
ties of  this  nature  has  made  us  less  urgent  and  peremptory  in  our  demands 
for  justice  than  duty  to  our  fellow  citizens  would,  under  other  circum- 
stances, have  required.  But  their  claims  are  not  neglected,  and  will  on 
all  proper  occasions  be  urged,  and,  it  is  hoped  with  effect. 

I  refrain  from  making  any  communication  on  the  subject  of  our  affairs 
with  Buenos  Ayres,  because  the  negotiation  communicated  to  you  in  my 
last  annual  message,  was  at  the  date  of  our  last  advices,  still  pending,  and 
in  a  state  that  would  render  a  publication  of  the  details  inexpedient. 

A  treaty  of  amity  and  commerce  has  been  formed  with  the  republic 
of  Chili,  which  if  approved  by  the  senate,  will  be  laid  before  you. 
That  government  seems  to  be  established,  and  at  peace  with  its  neigh- 
bors; and  its  ports  being  the  resorts  of  our  ships  which  are  employed  in 
the  highly  important  trade  of  the  fisheries,  this  commercial  convention 
cannot  but  be  of  great  advantage  to  our  fellow  citizens  engaged  in  that 
perilous  but  profitable  business. 

Our  commerce  with  the  neighboring  state  of  Peru,  owing  to  the  oner- 
ous duties  levied  on  our  principal  articles  of  export,  lias  been  on  the 
decline,  and  all  endeavors  to  procure  an  alteration  have  hitherto  proved 
fruitless.  "With  Bolivia,  we  have  yet  no  diplomatic  intercourse,  and  the 
continual  contests  carried  on  between  it  and  Peru  have  made  me  defer, 
until  a  more  favorable  period,  the  appointment  ot  any  agent  for  that  pur- 
pose. 

An  act  of  atrocious  piracy  having  been  committed  on  one  of  our  tra- 
ding ships  by  the  inhabitants  of  a  settlement  on  the  west  coast  of  Suma- 
tra, a  frigate  was  despatched  with  orders  to  demand  satisfaction  for  the 
injury,  if  those  who  committed  it  should  be  found  members  of  a  regular 
government,  capable  of  maintaining  the  usual  relations  with  foreign  na- 
tions; but  if,  as  it  was  supposed,  and  as  they  proved  to  be,  they  were  a 
band  of  lawless  pirates,  to  inflict  such  a  chastisement  as  would  deter 
them  and  others  from  like  aggressions.  This  last  was  done,  and  the  ef- 
fect has  been  an  increased  respect  for  our  flag  in  those  distant  seas,  and 
additional  security  for  our  commerce. 

In  the  view  I  have  given  of  our  connexion  with  foreign  powers,  al- 
lusions have  been  made  to  their  domestic  disturbances  or  foreign  wars, 
to  their  revolutions  or  dissentions.  It  may  be  proper  to  observe,  that 
this  is  done  solely  in  cases  where  those  events  affect  our  political  rela- 
tions vvith  them,  or  to  show  their  operation  on  our  commerce.  Further 
than  this,  it  is  neither  our  policy  nor  our  right  lo  interfere.  Our  best 
wishes  on  all  occasions,  our  good  offices  when  required,  will  be  afforded, 
to  promote  the  domestic  tranquillity  and  foreign  peace  of  all  nations  with 
whom  we  have  any  intercourse.     Any  intervention  in  their  affairs  further 


92  [December, 

tlian  this,  even  by  the  expression  of  an  official  opinion,  is  contrary  to  our 
principles  of  international  policy,  and  will  always  be  avoided. 

The  report  which  the  secretary  of  the  treasury  will,  in  due  time,  lay 
before  you,  will  exhibit  the  national  finances  in  a  highly  prosperous  state. 
Owing  to  tlie  continued  success  of  our  commercial  enterprize,  which  has 
enabled  the  merchants  to  fulfil  their  engagements  with  the  government, 
the  receipts  from  customs  during  the  year,  will  exceed  the  estimate 
presented  at  the  last  session;  and  with  the  other  means  of  the  treasury 
will  prove  fully  adequate,  not  only  to  meet  the  increased  expenditures  re- 
sulting from  the  large  appropriations  made  by  congress,  but  to  provide 
for  the  payment  of  all  the  public  debt  which  is  at  present  redeemable. 
It  is  now  estimated  that  the  customs  will  yield  to  the  treasury,  during 
the  present  year,  upwards  of  twenty-eight  millions  of  dollars.  The 
public  lands,  however,  have  proved  less  productive  than  was  anticipated; 
and  according  to  present  information,  will  fall  short  of  two  millions. 
The  expenditures  for  all  objects  other  than  the  public  debt,  are  estimated 
to  amount  during  the  year  to  about  sixteen  millions,  while  a  still  larger 
sum,  viz:  eighteen  millions  of  dollars,  will  have  been  applied  to  the  prin- 
cipal and  interest  of  the  public  debt. 

It  is  expected,  however,  that  in  consequence  of  the  reduced  rates  of 
duty  which  will  take  effect  after  the  3d  of  March  next,  there  will  be  a 
considerable  falling  off  in  the  revenue  from  the  customs  in  the  year 
1833.  It  will  nevertheless,  be  amply  sufficient  to  provide  for  all  the 
wants  of  the  public  service,  estimated  even  upon  a  liberal  scale,  and  for 
the  redemption  and  purchase  of  the  remainder  of  the  public  debt.  On 
the  first  of  January  next,  the  entire  public  debt  of  the  United  States, 
funded  and  unfunded,  will  be  reduced  to  within  a  fraction  of  seven  mil- 
lions of  dollars:  of  which  $2,227,363  are  not  of  right  redeemable  until 
the  1st  of  January,  1834,  and  $4,735,296,  not  until  the  2d  of  January, 
1835.  The  commissioners  of  the  sinking  fund,  however,  being  invested 
with  full  authority  to  purchase  the  debt  at  the  market  price,  and  the 
means  of  the  treasury  being  ample,  it  may  be  hoped  that  the  whole  will 
be  extinguished  withm  the  year  1833. 

I  cannot  too  cordially  congratulate  congress  and  my  fellow  citizens  on 
the  near  approach  of  that  memorable  and  happy  event,  the  extinction  of 
the  public  debt  of  this  great  and  free  nation.  Faithful  to  the  wise  and 
patriotic  policy  marked  out  by  the  legislation  of  the  country  for  this  ob- 
ject, the  present  administration  has  devoted  to  it  all  the  means  which  a 
flourishing  commerce  has  supplied  and  a  prudent  economy  preserved  for 
the  public  treasury.  Within  the  four  years  for  which  the  people  have 
confided  the  executive  power  to  my  charge,  fifty-eight  millions  of  dollars 
will  have  been  applied  to  the  payment  of  the  public  debt.  That  this 
has  been  accomplished  without  stinting  the  expenditures  for  all  other  pro- 
per objects  will  be  seen  by  referring  to  the  liberal  provision  made  during 
the  same  period  for  the  support  and  increase  of  our  means  of  our  mari- 
time and  military  defence,  for  internal  improvements  of  a  national  cha- 
racter, for  the  removal  and  preservation  of  the  Indians,  and  lastly  for  the 
gallant  veterans  of  the  revolution. 


1832.]  93 

The  final  removal  of  this  great  burthen  from  our  resources  affords  the 
means  of  further  provision  for  all  the  objects  of  general  welfare  and  pub- 
lic defence  which  the  constitution  authorises,  and  presents  the  occasion 
for  such  further  reduction  in  the  revenue  as  may  not  be  required  for 
them.  From  the  report  of  the  secretary  of  the  treasury,  it  will  be  seen 
that  after  the  present  year  such  a  reduction  may  be  made  to  a  considera- 
ble extent,  and  the  subject  is  earnestly  recommended  to  the  consideration 
of  congress,  in  the  hope  that  the  combined  wisdom  of  the  representatives 
of  the  people  will  devise  such  means  of  effecting  that  salutary  object,  as 
may  remove  those  burthens  which  slmll  be  found  to  fall  unequally  upon 
any,  and  as  may  promote  all  the  great  interests  of  the  community. 

Long  and  patient  reflection  has  strengthened  the  opinions  I  have  here- 
tofore expressed  to  congress  on  this  subject;  and  I  deem  it  my  duty  on 
the  present  occasion,  again  to  urge  them  upon  the  attention  of  the  legis- 
lature. The  soundest  maxims  of  public  policy  and  the  principles  upon 
which  our  republican  institutions  are  founded,  recommended  a  proper 
adaptation  of  the  revenue  to  the  expenditure,  and  they  also  require  that 
the  expenditure  shall  be  limited  to  what,  by  an  economical  administra- 
tion, shall  be  consistent  with  the  simplicity  of  the  government,  and  neces- 
sary to  an  efficient  public  service.  In  effecting  this  adjustment,  it  is  due 
in  justice  to  the  interests  of  the  different  states,  and  even  to  the  preserva- 
tion of  the  union  itself,  that  the  protection  afforded  by  existing  laws  to 
any  branches  of  the  national  industry  should  not  exceed  what  may  be 
necessary  to  counteract  the  regulations  of  foreign  nations,  and  to  secure 
a  supply  of  those  articles  of  manufacture,  essential  to  the  national  indepen- 
dence and  safety  in  time  of  war.  If,  upon  investigation  it  shall  be  found, 
as  it  is  believed  it  will  be,  that  the  legislative  protection  granted  to  any 
particular  interest  is  greater  than  is  indispensably  requisite  for  these  ob- 
jects, I  recommend  that  it  be  gradually  diminished,  and  that  as  far  as  may 
be  consistent  with  these  objects,  the  whole  scheme  be  reduced  to  the 
revenue  standard  as  soon  as  a  just  regard  to  the  faith  of  the  government 
and  to  the  preservation  of  the  large  capital  invested  in  establishments  of 
domestic  industry  will  permit. 

That  manufactures  adequate  to  the  supply  of  our  domestic  consump- 
tion would,  in  the  abstract,  be  beneficial  to  our  country  there  is  no  reason 
to  doubt;  and  to  effect  their  establishment,  there  is,  perhaps,  no  American 
citizen  who  would  not  for  a  while,  be  willing  to  pay  a  higher  price  for 
them.  But  for  this  purpose,  it  is  presumed  that  a  tariff  of  high  duties, 
designed  for  perpetual  protection  has  entered  into  the  minds  of  but  few 
of  our  statesmen.  The  most  they  have  anticipated  is  a  temporary  and 
generally  incidental  protection,  which  they  maintain  has  the  effect  to  re- 
duce the  price  by  domestic  competition  below  that  of  the  foreign  article. 
Experience,  however,  our  guide  on  this,  as  on  other  subjects,  makes  it 
doubtful  whether  the  advantages  of  this  system  are  not  counterbalanced 
by  many  evils,  and  whether  it  does  not  tend  to  beget  in  the  minds  of  a 
large  portion  of  our  countrymen  a  spirit  of  discontent  and  jealousy  dan- 
gerous to  the  stability  of  the  union. 

What  then  shall  be  done.''  Large  interests  have  i^rown  up  under  the 
12 


94  [December, 

implied  pledge  of  our  national  legislation,  which  it  would  seem  a  viola- 
tion of  publi'c  faith  suddenly  to  abandon.  Nothing  could  justify  it  but 
the  public  safety,  which  is  the  supreme  law.  But  those  who  have  vest- 
ed their  capital  in  manufacturing  establishments  cannot  expect  that  the 
people  will  continue  permanently  to  pay  high  taxes  for  their  benefit  when 
the  money  is  not  required  for  any  legitimate  purpose  in  the  administra- 
tion of  the  government.  Is  it  not  enough  that  the  high  duties  have  been 
paid  as  long  as  the  money  arising  from  them  could  be  applied  to  the 
common  benefit  in  the  extinguishment  of  the  public  debt? 

Those  who  take  an  enlarged  view  of  the  condition  of  our  country  must 
be  satisfied  that  the  policy  of  protection  must  be  ultimately  limited  to 
those  articles  of  domestic  manufacture  which  are  indispensable  to  our 
safety  in  time  of  war.  Within  this  scope,  on  a  reasonable  scale,  it  is 
recommended  by  every  consideration  of  patriotism  and  duty,  which  will 
doubtless  always  secure  to  it  a  liberal  and  efficient  support.  But  beyond 
this  object,  we  have  already  seen  the  operation  of  the  system  produc- 
tive of  discontent.  In  some  sections  of  the  republic  its  influence  is 
deprecated  as  tending  to  concentrate  wealth  into  a  few  hands,  and  as  cre- 
ating those  germs  of  dependence  and  vice  which  in  other  countries  have 
characterised  the  existence  of  monopolies,  and  proved  so  destructive  of 
liberty  and  the  general  good.  A  large  portion  of  the  people  in  one 
section  of  the  republic  declares  it  not  only  inexpedient  on  these  grounds, 
but  as  disturbing  the  equal  relations  of  property  by  legislation,  and 
therefore  unconstitutional  and  unjust. 

Doubtless,  these  effects  are,  in  a  great  degree,  exaggerated,  and  may 
be  ascribed  to  a  mistaken  view  of  the  considerations  which  led  to  the 
adoption  of  the  tariff  system;  but  they  are  nevertheless  important  in  ena- 
bling us  to  review  the  subject  with  a  more  thorough  knowledge  of  all 
its  bearings  upon  the  great  interests  of  the  republic,  and  with  a  determi- 
nation to  dispose  of  it  so  that  none  can  with  justice  complain. 

It  is  my  painful  duty  to  state,  that  in  one  quarter  of  the  United 
States,  opposition  to  the  revenue  laws  has  risen  to  a  height  which  threat- 
ens to  thwart  their  execution,  if  not  to  endanger  the  intergity  of  the 
union.  "Whatever  obstructions  may  be  thrown  in  the  way  of  the  judicial 
authorities  of  the  general  government,  it  is  hoped  they  will  be  able  peace- 
ably to  overcome  them  by  the  prudence  of  their  own  officers  and  the 
patriotism  of  the  people.  But  sliould  this  reasonable  reliance  on  the 
moderation  and  good  sense  of  all  portions  of  our  fellow  citizens  be  dis- 
appointed, it  is  believed  that  tlie  laws  themselves  are  fully  adequate  to 
the  suppression  of  such  attcmps  as  may  be  immediately  made.  Should 
the  exigency  arise,  rendering  the  execution  of  the  existing  laws  imprac- 
ticable from  any  cause  whatever,  prompt  notice  of  it  will  be  given  to 
congress,  with  the  suggestion  of  such  views  and  measures  as  may  be 
deemed  neccessary  to  meet  it 

In  conformity  with  principles  heretofore  explained,  and  with  the  hope 
of  reducing  the  general  goveinment  to  that  simple  machine  which  the 
constitution  created,  and  of  withdrawing  from  the  states  all  other  influ- 
ence than  that  of  its  universal  beneficence  in  preserving  peace,  aflbrding 
an  uniform  currency,  maintaining  the  inviolability  of  contracts,  diffusing 


1832.]  95 

intelligence,  and  discharging  unfelt  its  other  superintending  functions,  I 
recommend  that  provision  be  made  to  dispose  of  all  stocks  now  held  by 
it  in  corporations,  whether  created  by  the  general  or  state  governments, 
and  placing  the  proceeds  in  the  treasury.  As  a  source  of  profit,  these 
stocks  are  of  little  or  no  value:  as  a  means  of  influence  among  the  states, 
they  are  adverse  to  the  purity  of  our  institutions.  The  whole  principle 
on  which  they  are  based,  is  deemed  by  many  unconstitutional,  and  to 
persist  in  the  policy  which  they  indicate  is  considered  wholly  inexpe- 
dient. 

It  is  my  duty  to  acquaint  you  with  an  arrangement  made  by  the  bank 
of  the  United  States  with  a  portion  of  the  holders  of  the  three  per  cent, 
stock,  by  which  the  government  will  be  deprived  of  the  use  of  the  public 
funds  longer  than  was  anticipated.  By  this  arrangement,  which  will  be 
particularly  explained  by  the  secretary  of  the  treasury,  a  surrender  of  the 
certificates  of  this  stock  may  be  postponed  until  October,  1833;  and  thus 
the  liability  of  the  government,  after  its  ability  to  discharge  the  debt, 
may  be  continued  by  the  failure  of  the  bank  to  perform  its  duties. 

Such  measures  as  are  within  the  reach  of  the  secretary  of  the  treasury 
have  been  taken  to  enable  him  to  judge  whether  the  public  deposites  in 
that  institution  may  he  regarded  as  entirely  safe;  but  as  his  limited  power 
may  prove  inadequate  to  this  object,  I  recommend  the  subject  to  the  at- 
tention of  congress,  under  the  firm  believe  that  it  is  worthy  of  their  se- 
rious investigation.  An  inquiry  into  the  transactions  of  the  institutions 
embracing  the  branches  as  well  as  the  principal  bank,  seems  called  for 
by  the  credit  which  is  given  throughout  the  country  to  many  serious 
charges  impeaching  its  character,  and  which  if  true,  may  justly  excite 
the  apprehension  that  it  is  no  longer  a  safe  depository  of  the  money 
of  the  people. 

Among  the  interests  which  merit  the  consideration  of  congress,  after 
the  payment  of  the  public  debt,  one  of  the  most  important  in  my  view 
is  that  of  the  public  lands.  Previous  to  the  formation  of  our  present 
constitution,  it  was  recommended  by  congress,  that  a  portion  of  the  waste 
lands  owned  by  the  states  should  be  ceded  to  the  United  States,  for  the 
purposes  of  general  harmony,  and  as  a  fund  to  meet  the  expenses  of  the 
war.  The  recommendation  was  adopted,  and  at  different  periods  of  time 
the  states  of  Massachusetts,  New  York,  Virginia,  North  and  South 
Carolina  and  Georgia,  granted  their  vacant  soil  for  the  uses  for  which 
they  had  been  asked.  As  the  lands  may  now  be  considered  as  relieved 
from  this  pledge,  the  object  for  which  they  were  ceded  having  been  ac- 
complished, it  is  in  the  discretion  of  congress  to  dispose  of  them  in  such 
way  as  best  to  conduce  to  the  quiet  harmony  and  general  interest  of  the 
American  people.  In  examining  this  question,  all  local  and  sectional 
feelings  should  be  discarded,  and  the  whole  United  States  regarded  as 
one  people,  interested  alike  in  the  prosperity  of  their  common  country. 

It  cannot  be  doubted  that  the  speedy  settlement  of  these  lands  consti- 
tute the  true  interest  of  the  republic.  The  wealth  and  strength  of  a  coun- 
try are  its  population,  and  the  best  part  of  that  population  are  the  culti- 
vators of  the  soil.  Independent  farmers  are  every  where  the  basis  of 
society  and  true  friends  of  liberty. 


96  [December. 

In  addition  to  these  considerations,  questions  liave  already  arisen  and 
may  be  expected  hereafter  to  grow  out  of  the  public  lands,  which  involve 
the  rights  of  the  new  states  and  the  powers  of  the  general  government; 
and  unless  a  liberal  policy  be  now  adopted,  there  is  danger  that  these 
questions  may  speedily  assume  an  importance  not"  now  generally  antici- 
pated. The  iniluence  of  a  great  sectional  interest,  when  brought  into 
iuU  action,  will  be  found  more  dangerous  to  the  harmony  and  union  of 
the  states  tlian  any  other  cause  of  discontent;  and  it  is  the  part  of  wis- 
dom and  sound  policy  to  foresee  its  approaches  and  endeavor  if  possible 
to  counteract  them. 

Of  the  various  schemes  which  have  been  hitherto  proposed  in  regard 
to  the  dis])osal  of  the  public  lands,  none  has  yet  received  the  entire  ap- 
probation of  the  national  legislature.  Deeply  impressed  with  the  impor- 
tance of  a  speedy  and  satisfactory  arrangement  of  the  subject,  I  deem  it 
my  duty  on  this  occasion  to  urge  it  upon  your  consideration,  and,  to  the 
propositions  which  have  been  heretofore  suggested  by  others,  to  con- 
tribute those  reflections  which  have  occurred  to  me,  in  the  hope  that 
they  may  assist  you  in  your  future  deliberations. 

It  seems  to  me  to  be  our  true  policy  that  the  public  lands  shall  cease 
as  soon  as  practicable  to  be  a  source  of  revenue,  and  that  they  be  sold 
to  settlers  in  limited  parcels  at  a  price  barely  sufficient  to  reimburse  to 
the  United  States  the  expense  of  the  present  system,  and  the  cost  arising 
under  our  Indian  compacts.  The  advantages  of  accurate  surveys  and 
undoubted  titles,  now  secured  to  purchasers,  seem  to  forbid  the  abolition 
of  the  ])resent  system,  because  none  can  be  substituted  which  will  more 
perfectly  accomplish  these  important  ends.  It  is  desirable  however,  that 
in  convenient  time  this  machinery  be  withdrawn  from  the  states,  and 
that  the  right  of  soil  and  the  future  disposition  of  it  be  surrendered  to 
the  states  respectively  in  which  it  lies. 

The  adventurous  and  hardy  population  of  the  west,  besides  contri- 
buting their  equal  share  of  taxation  under  our  impost  system,  have  in 
the  progress  of  our  government,  for  the  lands  they  occupy,  paid  into 
the  treasury  a  large  proportion  of  forty  millions  of  dollars,  and  of  the 
revenue  received  therefrom,  but  a  small  part  has  been  expended  amongst 
them.     When  to  the  disadvantage  of  their  situation  in  this  respect,  we 
add  the  consideration  that  it  is  their  labor  alone  w^hich  gives  real  value 
to  the  lands,  and  that  the  proceeds  arising  from  their  sale  are  distributed 
chiefly  among  states  which  had  not  originally  any  claim  to  them,  and 
which  have  enjoyed  the  undivided  emolument  arising  from  the  sale  of 
their  own  lands,  it  cannot  be  expected  that  the  new  states  will  remain 
longer  contented  with  the  present  policy  after  the  payment  of  the  public 
debt.     To  avert  the  consequences  which  may  be  apprehended  from  this 
course,  to  pui  an  end  forever  to  all  partial  and  interested  legislation  on 
this  subject,  and  to  alFord  to  every  American  citizen  of  enterprise,    the 
opportunity  of  securing  an  independent  freehold,  it  seems  to  me,  there- 
lore,  best  to  abandon  tlie  idea  of  raising  a  future  revenue  out  of  the  pub- 
lic lands. 

In  former  messages  I  have  expressed  my  conviction,  that  the  constitu- 
tion does  not  warrant  the  application  of  the  funds  of  the  general  go- 


1832.]  97 

vernment  to  objects  of  internal  improvement  which  are  not  national  in 
their  character,  and  both  as  a  means  of  doing  justice  to  all  interests,  and 
putting  an  end  to  a  course  of  legislation  calculated  to  destroy  the  purity 
of  the  government,  have  urged  the  necessity  of  reducing  the  whole  sub- 
ject to  some  fixed  and  certain  rule.  As  there  never  will  occur  a  period, 
perhaps,  more  propitious  than  the  present  to  the  accomplishment  of  this 
object,  I  beg  leave  to  press  the  subject  again  upon  your  attention. 

Without  some  general  and  well  defined  principles  ascertaining  those 
objects  of  internal  improvement  to  which  the  means  of  the  nation  may 
be  constitutionally  applied,  it  is  obvious  that  the  exercise  of  the  power 
can  never  be  satisfactory.  Besides  the  danger  to  which  it  exposes  con- 
gress of  making  hasty  appropriations  to  works  of  the  character  of  which 
they  may  be  frequently  ignorant,  it  promotes  a  mischievous  and  corrupt- 
ing influence  upon  elections,  by  holding  out  to  the  people  the  fallacious 
hope  that  the  success  of  a  certain  candidate  will  make  navi^^able  their 
neighboring  creek  or  river,  bring  commerce  to  their  doors  and  increase 
the  value  of  their  property.  It  thus  favors  combinations  to  squander  the 
treasure  of  the  country  upon  a  multitude  of  local  objects,  as  fatal  to  just 
legislation  as  to  the  purity  of  public  men. 

If  a  system  compatible  with  the  constitution  cannot  be  devised,  which 
is  free  from  such  tendencies,  we  should  recollect  that  that  instrument  pro- 
vides within  itself  the  mode  of  its  amendment;  and  that  there  is,  there- 
fore, no  excuse  for  the  assumption  of  doubtful  powers  by  the  general 
government.  If  those  which  are  clearly  granted  shall  be  found  incom- 
petent to  the  ends  of  its  creation,  it  can  at  any  time  apply  for  their  en- 
largement; and  there  is  no  probability  that  such  an  application,  if  found- 
ed on  the  public  interest,  will  ever  be  refused.  If  the  propriety  of  the 
proposed  grant  be  not  sufficiently  apparent  to  command  the  assent  of 
three-fourths  of  the  states,  the  best  possible  reason  why  the  power  should 
not  be  assumed  on  doubtful  authority  is  afforded;  for  if  more  than  one- 
fourth  of  the  states  are  unwilling  to  make  the  grant,  its  exercise  will  be 
productive  of  discontents  which  will  far  overbalance  any  advanta^^esthat 
could  be  derived  from  it.  All  must  admit  that  there  is  nothing  so  wor- 
thy of  the  constant  solicitude  of  this  government,  as  the  harmony  and 
union  of  the  people. 

Being  solemnly  impressed  with  the  conviction,  that  the  extension  of 
the  power  to  make  internal  improvements  beyond  the  limit  I  have  suo-- 
gested,  if  even  it  be  deemed  constitutional,fis  subversive  of  the  best  inter- 
ests of  our  country,  I  earnestly  recommend  to  congress  to  refrain  from 
its  exercise,  in  doubtful  cases,  except  in  relation  to  improvements  alrea- 
dy begun,  unless  they  shall  first  procure  from  the  states  such  an  amend- 
ment of  the  constitution  as  will  define  its  character  and  prescribe  its 
bounds.  If  the  states  feel  themselves  competent  to  these  objects,  why 
should  this  government  wish  to  assume  the  power?  If  they  do  not',  then 
they  will  noi  hesitate  to  make  the  grant.  Both  governments  are  the  o-o- 
vernments  of  the  people:  improvements  must  be  made  with  tiie  money  of 
the  people;  and  if  the  money  can  be  collected  and  applied  by  those  more 
simple  and  economical  political  machines,  the  state  governments,  it  will 
unquestionably  be  safer  and  better  for  the  people,  than  to  add  to  the 


98  [December, 

splendour,  the  patronage,  and  the  power  of  the  general  government. 
But  if  the  people  of  the  several  states  think  otherwise,  they  will  amend 
the  constitution,  and  in  their  decision  all  ought  cheerfully  to  acquiesce. 

For  a  detailed  and  highly  satisfactory  view  of  the  operations  of  the 
war  department,  I  refer  you  to  the  accompanying  report  of  the  secreta- 
ry of  war. 

The  hostile  incursions  of  the  Sac  and  Fox  Indians  necessarily  led  to 
the  interposition  of  the  government.  A  portion  of  the  troops,  under 
generals  Scott  and  Atkinson,  and  of  the  militia  of  the  state  of  Illinois, 
were  called  into  the  field.  After  a  harassing  warfare,  prolonged  by  the 
nature  of  the  country  and  by  the  difficulty  of  procuring  subsistance,  the 
Indians  were  entirely  defeated,  and  the  disaffected  band  dispersed  or  de- 
stroyed. The  result  has  been  creditable  to  the  troops  engaged  in  the 
service. — Severe  as  is  the  lesson  to  the  Indians,  it  was  rendered  necessa- 
ry by  their  unprovoked  aggressions;  and  it  is  to  be  hoped  that  its  impres- 
sion will  be  permanent  and  salutary. 

This  campaign  has  evinced  the  efficient  organization  of  the  army  and 
its  capacity  lor  prompt  and  active  service.  Its  several  departments  have 
performed  their  functions  with  energy  and  despatch,  and  the  general 
movement  was  satisfactory. 

Our  fellow  citizens  upon  the  frontiers  were  ready,  as  they  always  are, 
in  the  tender  of  their  services  in  the  hour  of  danger.  But  a  more  effi- 
cient organization  of  our  militia  is  essential  to  that  security  which  is  one 
of  the  principal  objects  of  all  governments.  Neither  our  situation  nor 
our  institutions,  require  or  permit  the  maintenance  of  a  large  regular 
force.  History  offers  too  many  lessons  of  the  fatal  result  of  such  a  mea- 
sure not  to  warn  us  against  its  adoption  here.  The  expense  which  at- 
tends it,  the  obvious  tendency  to  employ  it  because  it  exists  and  thus  to 
engage  in  unnecessary  wars,  and  its  ultimate  danger  to  public  liberty, 
will  lead  us,  I  trust,  to  place  our  principal  dependence  for  protection 
upon  the  great  body  of  the  citizens  of  the  republic.  If  in  asserting 
rights  or  in  repelling  wrongs,  war  should  come  upon  us,  our  regular  force 
should  be  incn^ased  to  an  extent  proportioned  to  the  emergency,  and  our 
present  small  army  is  a  nucleus  around  which  such  force  could  be  form- 
ed and  embodied.  But  for  the  purposes  of  defence  under  ordinary  cir- 
cumstances, we  must  rely  upon  the  electors  of  the  country.  Those  by 
whom,  and  for  whom,  the  government  was  instituted  and  is  supported, 
will  constitute  its  protection  in  the  hour  of  danger,  as  they  do  its  check 
in  the  hour  of  safety. 

But  it  is  obvious  that  the  militia  system  is  imperfect.  Much  time  is 
lost,  much  unnecessary  expense  incurred,  and  much  public  property 
wasted,  under  the  present  arrangement.  Little  useful  knowledge  is  gam- 
ed by  the  musteis  and  drills,  as  now  established,  and  the  whole  subject 
evidently  requires  a  thorough  examination.  Whether  a  plan  of  classifi- 
cation, remedying  these  defects,  and  providing  for  a  system  of  instruc- 
tion, might  not  be  adopted,  is  submitted  to  the  consideration  of  congress. 
The  constitution  has  vested  in  the  gencial  government  an  independent 
authority  upon  the  subject  of  the  militia,  which  renders  its  action  essen- 
tial to  the  establishment  or  improvement  of  the  system.     And  1  recom- 


1832]  99 

mend  the  matter  to  your  consideration,  in  the  conviction,  that  the  state 
of  this  important  arm  of  the  public  defence  requires  your  attention. 

I  am  happy  to  inform  you,  that  the  wise  and  liumane  policy  of  trans- 
ferring from  the  eastern  to  the  western  side  of  the  Mississippi,  the  rem- 
nants of  our  aboriginal  tribes,  with  their  own  consent,  and  upon  just 
terms,  has  been  steadily  pursued,  and  is  approaching,  I  trust,  its  consum- 
mation. By  reference  to  the  report  of  the  secretary  of  war,  and  to  the 
documents  submitted  with  it,  you  will  see  the  progress  which  has  been 
made  since  your  last  session,  in  the  arrangement  of  the  various  matters 
connected  with  our  Indian  relations.  With  one  exception,  every  subject 
-involving  any  question  of  conflicting  jurisdiction,  or  of  peculiar  difficulty, 
has  been  happily  disposed  of,  and  the  conviction  evidently  gains  ground 
among  the  Indians,  that  their  removal  to  the  country  assigned  by  the  U* 
States  for  their  permanent  residence,  furnishes  the  only  hope  of  their  ul- 
timate prosperity. 

"With  that  portion  of  the  Cherokees,  however,  living  within  the  state 
of  Georgia,  it  has  been  found  impracticable,  as  yet,  to  make  a  satisfacto- 
ry adjustment.  Such  was  my  anxiety  to  remove  all  the  grounds  of  com- 
plaint, and  to  bring  to  a  termination  the  difficulties  in  which  they  are  in- 
volved, that  I  directed  the  very  liberal  propositions  to  be  made  to  them 
which  accompany  the  documents  herewith  submitted.  They  cannot  but 
have  seen  in  these  offers  the  evidence  of  the  strongest  disposition  on  the 
part  of  the  government,  to  deal  justly  and  liberally  with  them.  An  am- 
ple indemnity  was  offered  for  their  present  possessions,  a  liberal  provi- 
sion for  their  future  support  and  improvement,  and  full  security  for  their 
private  and  political  rights.  Whatever  difference  of  opinion  may  have 
prevailed  respecting  the  just  claims  of  these  people,  there  will  probably 
be  none  respecting  the  liberality  of  the  propositions,  and  very  little  re- 
specting the  expediency  of  their  immediate  acceptance.  They  were, 
however,  rejected,  and  thus  the  position  of  these  Indians  remains  un- 
changed, as  do  the  views  communicated  in  my  message  to  the  senate  of 
February,  1830. 

I  refer  you  to  the  annual  report  of  the  secretary  of  the  navy  which 
accompanies  this  message,  for  a  detail  of  the  operations  of  that  branch 
of  the  service  during  the  present  year. 

Besides  the  general  remarks  on  some  of  the  transactions  of  our  navy,. 
presented  in  the  view  which  has  been  taken  of  our  foreign  relations,  I 
seize  this  occasion  to  invite  to  your  notice  the  increased  protection  which 
it  has  afforded  to  our  commerce  and  citizens  on  distant  seas,  without  any 
augmentation  of  the  force  in  commission.  In  the  gradual  improvement 
of  its  pecuniary  concerns,  in  the  constant  progress  in  the  collection  of 
materials  suitable  for  use  during  future  emergencies,  and  in  the  construc- 
tion of  vessels  and  the  buildings  necessasy  to  their  preservation  and  re- 
pair, the  present  state  of  this  branch  of  the  service  exhibits  the  fruits  of 
that  vigilance  and  care  which  are  so  indispensable  to  its  efficiency. — Va- 
rious new  suggestions  contained  in  the  annexed  report,  as  well  as  others 
heretofore  submitted  to  congress,  are  worthy  of  your  attention;  but  none 
more  so  than  that  urging  the  renewal,  for  another  term  of  six  years,  of 
the  general  appropriation  for  the  gradual  improvement  of  the  navy. 


100  [Deceraber, 

From  the  accompanying  report  of  the  post  master  general,  you  will 
also  perceive  tliat  that  department  continues  to  extend  its  usefulness  with- 
out impairing  its  resources,  or  lessening  the  accomodations  which  it  af- 
fords in  tlie  secure  and  rapid  transportation  of  the  mail. 

I  be"-  leave  to  call  the  attention  of  congress  to  tlie  views  heretofore 
expressed  in  relation  to  the  mode  of  choosing  the  president  and  vice 
president  of  tlie  United  States,  and  to  those  respecting  the  tenure  of  of- 
fice "-enerally. — Still  impressed  with  the  justness  of  those  views  and  with 
the  belief  that  the  modifications  suggested  on  those  subjects,  if  adopted, 
will  contribute  to  the  prosperity  and  harmony  of  the  country,  I  earnest- 
ly recommend  them  to  your  consideration  at  this  time. 

I  have  heretofore  pointed  out  defects  in  the  law  for  punishing  official 
frauds,  especially  within  the  District  of  Columbia.  It  has  been  found 
almost  impossible  to  bring  notorious  culprits  to  punisliment,  and  accord- 
ing to  tlie  decision  of  the  court  for  this  district,  a  prosecution  is  barred 
by  the  lapse  of  two  years  after  the  fraud  has  been  committed.  It  may 
happen  again  as  it  has  already  happened,  that  during  the  whole  two 
years,  all  the  evidences  of  the  fraud  may  be  in  the  possession  of  the  cul- 
prit himself.  However  proper  the  limitation  may  be  in  relation  to  pri- 
vate citizens,  it  would  seem  that  it  ought  not  to  commence  running  in  fa- 
vor of  public  officers  until  they  go  out  of  office. 

The  judiciary  system  of  the  United  States  remains  imperfect.  Of  the 
nine  western  and  south-western  states,  tliree  only  enjoy  the  benefits  of  a 
circuit  court.  Ohio,  Kentucky  and  Tennessee,  are  embraced  in  the  ge- 
neral system;  but  Indiana,  Illinois,  Missouri,  Alabama,  Mississippi  and 
Louisiana,  have  only  district  courts.  If  the  existing  system  be  a  good  one, 
why  should  it  not  be  extended.^  If  it  be  a  bad  oae,  why  is  it  suffered  to 
exist.^  The  new  states  were  promised  equal  lights  and  privileges  when 
they  came  into  the  union,  and  such  are  the  guarantees  of  the  constitution. 
Nothing  can  be  more  obvious  than  the  obligation  of  the  general  govern- 
ment to  place  all  the  stales  on  the  same  fooling,  in  relation  to  the  admin- 
istration of  justice,  and  I  trust  this  duty  will  be  neglected  no  longer. 

On  many  of  the  subjects  to  which  your  attention  is  invited  in  this  com- 
munication, it  is  a  source  of  gratification  to  reflect  that  the  steps  to  be 
now  adopted  are  uninfluenced  by  the  embarrassments  entailed  upon  the 
country  by  the  wars  through  which  it  has  passed.  In  regard  to  most  of 
our  great  interests,  we  may  consider  ourselves  as  just  starting  in  our 
career,  and,  after  a  salutary  experience,  about  to  fix  upon  a  permanent 
basis  the  policy  best  calculated  to  promote  the  happiness  of  the  people 
and  facilitate  their  progress  towards  the  most  complete  enjoyment  of 
civil  liberty.  On  an  occasion  so  interesting  and  important  in  our  history, 
and  of  such  anxious  concern  to  the  friends  of  freedom  throughout  the 
world,  it  is  our  imperious  duty  to  lay  aside  all  selfish  and  local  conside- 
rations, and  be  guided  by  a  lofty  spirit  of  devotion  to  the  great  princi- 
ples on  which  our  institutions  are  founded. 

That  this  government  may  be  so  administered  as  to  preserve  its  ef- 
ficiency in  promoting  and  securing  these  general  objects  should  be  the 
only  aim  of  our  ambition,  and  we  cannot,  therefore,  too  carefully  exam- 
ine its  structure,  in  order  that   we  may  not  mistake  its  powers,  or  as- 


1832.]  101 

sume  those  which  the  people  have  reserved  to  themselves,  or  have  pre- 
ferred to  assign  to  other  ag-ents  We  should  bear  constantly  in  mind  the 
fact  that  the  considerations  which  induced  the  framers  of  the  constitu- 
tion to  withhold  from  the  general  government  the  power  to  regulate  the 
great  mass  of  the  business  and  concerns  of  the  people,  have  been  fully 
justified  by  experience;  and  that  it  cannot  now  be  douSted  that  the  gen- 
ius of  all  our  institutions  prescribes  simplicity  and  economy  as  the  cha- 
racteristics of  the  reform  which  is  yet  to  be  effected  in  the  present  and 
future  execution  of  the  functions  bestowed  on  us  by  the  constitution. 

Limited  to  a  general  superintending  power  to  maintain  peace  at  home 
and  abroad,  and  to  prescribe  laws  on  a  few  subjects  of  general  interest, 
not  calculated  to  restrict  human  liberty,  but  to  enforce  human  rights,  this 
government  will  find  its  strength  and  its  glory  in  the   faithful  discharge 
of  these  plain  and  simple  duties.     Relieved  by  its  protecting  shield  from 
the  fear  of  war  and  the  apprehension  of  oppression,  the  free  enterprise 
of  our  citizens',  aided  by  the  states  sovereignties,  will  work  out  improve- 
ments and  ameliorations  which  cannot  fail  to  demonstrate  that  the  great 
truth,  that  the  people  can  govern  themselves,   is  not  only  realized  in  our 
example,  but   that  it  is  done   by  a  machinery  in  government  so  simple 
and  economical  as  scarcely  to  be  felt.     That  the  Almighty  Ruler  of  the 
universe  may   so  direct   our   deliberations,  and  overrule  our  acts  as   to 
make  us  instrumental  in  securing  a  result  so  dear  to  mankind,  is  my  most 
earnest  and  sincere  prayer. 

ANDREW  JACKSON. 
December  4,  1832. 


13 


PROCLAMATION 


BY    ANDREW    JACKSON 


PRESIDENT  OF  THE  UNITED  STATES. 


December  10,  1832. 


PROCLAMATION 

BY    ANDREW    JACKSON, 

PRESIDENT  OF  THE  UNITED  STATES. 


Whereas  a  convention  assembled  in  the  state  of  South  Carolina  have 
passed  an  o^^dinance,  by  which  they  declare  "that  the  several  acts  and 
parts  of  acts  of  the  congress  of  the  United  States,  purporting  to  be  laws 
for  the  imposing  of  duties  and  imposts  on  the  importation  of  foreign  com- 
modities, and  now  having  actual  operation  and  effect  within  the  United 
States,  and  more  especially"  two  acts  for  the  same  purposes,  passed  on  the 
29thofMay,  1828,  and  on  the  14th  of  July,  1832,  "are  unauthorised  by  the 
constitution  of  the  United  States,  and  violate  the  true  meaning  and  intent 
thereof,  and  are  null  and  void,  and  no  law,"  nor  binding  on  the  citizens 
of  that  state  or  its  officers:  and  by  the  said  ordinance  it  is  further  declared 
to  be  unlawful  for  any  of  the  constituted  authorities  of  the  state,  or  of 
the  United  States,  to  enforce  the  payment  of  the  duties  imposed  by  the 
said  acts  within  the  same  state,  and  that  it  is  the  duty  of  the  legislature 
to  pass  such  laws  as  may  be  necessary  to  give  full  effect  to  tile  said 
ordinance: 

And  whereas^  by  the  said  ordinance  it  is  further  ordained,  that,  in  no 
case  of  law  or  equity,  decided  in  the  courts  of  said  state,  wherein  shall 
be  drawn  in  question  the  validity  of  the  said  ordinance,  or  of  the  acts  of 
the  legislature  that  may  be  passed  to  give  it  effect,  or  of  the  said  laws  of 
the  United  States,  no  appeal  shall  be  allowed  to  the  supreme  court  of  the 
United  states,  nor  shall  any  copy  of  the  record  be  permitted  or  allowed 
for  that  purpose;  and  that  any  person  attempting  to  take  such  appeal 
shall  be  punished  as  for  a  contempt  of  court: 

And,  finally,  the  said  ordinance  declares  that  the  people  of  South 
Carolina  will  maintain  the  said  ordinance  at  every  hazard;  and  they  will 
consider  the  passage  of  any  act  by  congress  abolishing  or  closing  the 
ports  of  the  said  state,  or  otherwise  obstructing  the  free  ingress  or  egress 
of  vessels  to  and  from  the  said  ports,  or  any  otlier  act  of  the  federal 
government  to  coerce  the  state,  shut  up  her  ports,  destroy  or  harass  her 
commerce,  or  to  enforce  the  said  acts  otherwise  than  through  the  civil 
tribunals  of  the  country,  as  inconsistent  with  the  longer  continuance  of 
South  Carolina  in  the  union;  and  that  the  people  of  the  said  state  will 


106  [December, 

thenceforth  hold  themselves  absolved  from  all  further  obligation  to 
maintain  or  preserve  their  political  connexion  with  the  people  of  the 
other  states,  and  will  forthwith  proceed  to  organize  a  separate  government, 
and  do  all  other  acts  and  things  which  sovereign  and  independent  states 
may  of  right  do: 

Jlnd  Kkereas  tlie  said  ordinance  prescribes  to  the  people  of  South 
Carolina  a  course  of  conduct,  in  direct  violation  of  their  duty  as  citizens 
of  the  United  States,  contrary  to  the  laws  of  their  country,  subversive 
of  its  constitution,  and  having  for  its  object   the  destruction  of  the  union 

that  union,  which,  coeval  with  our  political  existence,  led  our  fathers, 

without  any  other  ties  to  unite  them  than  those  of  patriotism  and  a  com- 
mon cause,  through  a  sanguinary  struggle  to  a  glorious  independence — 
that  sacred  union,  hitherto  inviolate,  which,  perfected  by  our  happy 
constitution,  has  brought  us,  by  the  favor  of  heaven,  to  a  state  of  prosperity 
at  home,  and  high  consideration  abroad,  rarely,  if  ever,  equalled  in  the 
history  of  nations.  To  preserve  this  bond  of  our  political  existence  from 
destruction,  to  maintain  inviolate  this  state  of  national  honor  and  prosperity, 
and  to  justify  the  confidence  my  fellow  citizens  have  reposed  in  me,  I, 
Andrew  Jackson,  president  of  the  United  States^  have  thought  proper 
to  issue  this  my  PROCLAMATION,  stating  my  views  of  the  constitu- 
tion and  laws  applicable  to  the  measures  adopted  by  the  convention  of 
South  Carolina,  and  to  the  reasons  they  have  put  forth  to  sustain  them, 
declaring  the  course  which  duty  will  require  me  to  pursue,  and,  appeal- 
ing to  the  understanding  and  partriotism  of  the  people,  warn  them  of  the 
consequences  that  must  inevitably  result  from  an  observance  of  the  dictates 
of  the  convention. 

Strict  duty  would  require  of  me  nothing  more  than  the  exercise  of 
those  powers  with  which  1  am  now,  or  may  hereafter  be,  invested,  for 
preserving  the  peace  of  the  union,  and  for  the  execution  of  the  laws. 
But  the  imposing  aspect  which  opposition  has  assumed  in  this  case,  by 
clothing  itself  with  state  authority,  and  the  deep  interest  which  the  peo- 
ple of  the  United  States  must  all  feel  in  preventing  a  resort  to  stronger 
measures,  while  there  is  a  hope  that  any  thing  will  be  yielded  to  reason- 
ing and  remonstrance,  perhaps  demand,  and  will  certainly  justify,  a  full 
exposition  to  South  Carolina  and  the  nation  of  the  views  I  entertain  of 
this  important  question,  as  well  as  a  distinct  enunciation  of  the  course 
which  my  sense  of  duty  will  require  me  to  pursue. 

The  ordinance  is  founded,  not  on  the  indefeasible  right  of  resisting 
acts  which  are  plainly  unconstitutional,  and  too  oppressive  to  be  endured, 
but  on  the  strange  position  that  any  one  state  may  not  only  declare  an 
act  of  congress  void,  but  prohibit  its  execution — that  they  may  do  this 
consistently  with  the  constitution — that  the  true  construction  of  that  in- 
strument permits  a  state  to  retain  its  place  in  the  union,  and  yet  be  bound 
by  nootherof  its  laws  than  those  it  may  choose  to  consider  as  constitution- 
al. It  is  true,  they  add,  that,  to  justify  this  abrogation  of  a  law,  it  must  be 
palpably  contrary  to  the  constitution;  but  it  is  evident,  that  to  give  the 
right  of  resisting  laws  of  that  description,  coupled  with  the  uncontrolled 
right  to  decide  what  laws  deserve  that  character,  is  to  give  the  power  of 
resisting  all  laws.     For,  as  by  the  theory  there  is  no  appeal,  the  reasons 


1832.]  107 

alleged  by  the  state,  good  or  bad,  must  prevail.  If  it  should  be  said 
that  public  opinion  is  a  sufficient  check  against  the  abuse  of  this  power, 
it  may  be  asked  why  it  is  not  deemed  a  suflicient  guard  against  the  pas- 
sage of  an  unconstitutional  act  by  congress.  There  is,  however,  a  res- 
traint in  this  last  case,  which  makes  the  assumed  power  of  a  state  more 
indefensible,  and  which  does  not  exist  in  the  other.  There  arc  two  ap- 
peals from  an  unconstitutional  act  passed  by  congress — one  to  thejudicary, 
the  other  to  the  people  and  the  states.  There  is  no  appeal  from  the 
state  decision  in  theory:  and  the  practical  illustration  shows  that  the  courts 
are  closed  against  an  application  to  review  it,  both  judges  and  jurors 
being  snorn  to  decide  in  its  favor.  But  reasoning  on  this  subject  is 
superfluous  when  our  social  compact  in  express  terms  declares,  that  the 
laws  of  the  United  States,  its  constitution,  and  treaties  made  under  it, 
are  the  supreme  law  of  the  land:  and,  for  greater  caution,  adds,  "that 
the  judges  in  every  state  shall  be  bound  thereby,  any  thing  in  the  con- 
stitution or  laws  of  any  state  to  the  contrary  notwithstanding."  And  it 
may  be  asserted,  without  fear  of  refutation,  that  no  federative  govern- 
ment could  exist  without  a  similar  provision.  Look  for  a  moment  to  the 
consequence.  If  South  Carolina  considers  the  revenue  laws  unconstitu- 
tional, and  have  a  right  to  prevent  their  execution  in  the  port  of  Charles- 
ton, there  would  be  a  clear  constitutional  objection  to  their  collection  in 
every  other  port,  and  no  revenue  could  be  collected  any  where;  for  all 
imposts  must  be  equal.  It  is  no  answer  to  repeat  that  an  unconstitutional 
law,  is  no  law%  so  long  as  the  question  of  legality  is  to  be  decided  by  the 
state  itself;  for  every  law  operating  injuriously  upon  any  local  interest  will 
be  perhaps  thought,  and  certainly  represented,  as  unconstitutional,  and, 
as  has   been  shown,  there  is  no  appeal. 

If  this  doctrine  had  been  established  at  an  earlier  day,  the  union  would 
have  been  dissolved  in  its  infancy.  The  excise  law  in  Pennsylvania,  the 
embargo  and  non-intercourse  law  in  the  eastern  states,  the  carriage  tax 
in  Virginia,  were  all  deemed  unconstitutional,  and  were  more  unequal  in 
their  operation  than  any  of  the  laws  now  complained  of;  but,  fortunately, 
none  of  those  states  discovered  that  they  had  the  light  now  claimed  by 
South  Carolina.  The  war  into  wdiich  we  were  forced,  to  support  the 
dignity  of  the  nation  and  the  rights  of  our  citizens,  might  have  ended  in 
defeat  and  disgrace,  instead  of  victory  and  honour,  if  the  states,  who  sup- 
posed it  a  ruinous  and  unconstitutional  measure,  had  thought  they  possessed 
the  right  of  nullifying  the  act  by  which  it  was  declared,  and  denying  sup- 
plies for  its  prosecution.  Hardly  and  unequally  as  those  measures  bore 
upon  several  members  of  the  union,  to  the  legislatures  of  none  did  this 
efficient  and  peaceable  remedy,  as  it  is  called,  suggest  itself.  The  dis- 
covery of  this  important  feature  in  our  constitution  was  reserved  to  the 
present  day.  To  the  statesmen  of  South  Carolina  belongs  the  invention, 
and  upon  the  citizens  of  that  state  will  unfortunately  fall  the  evils  of  re- 
ducing it  to  practice. 

If  the  doctrine  of  a  state  veto  upon  the  laws  of  the  union  carries  with 
it  internal  evidence  of  its  impracticable  absurdity,  our  constitutional  his- 
tory will  also   afford  abundant  proof  that  it  would  have  been  repudiated 


108  .  [December, 

with  indignation,  liad  it   been  proposed  to  Ibrm  a  feature  in  our  govern- 
ment. 

In  our  colonial  state,  although  dependent  on  another  power,  we  very 
early  considered  ourselves  as  connected  by  common  interest  with  each 
other.  Leagues  were  formed  for  common  defence,  and  before  the  Dec- 
laration of  Independence,  w^e  were  known  in  our  aggregate  character  as 
THE  United  Colonies  of  America.  That  decisive  and  important  slep 
was  taken  jointly.  We  declared  ourselves  a  nation  by  a  joint,  not  by 
several  acts;  and  when  the  terms  of  our  confederation  were  reduced  to 
form,  it  was  in  that  of  a  solemn  league  of  several  slates,  by  which  they 
agreed  that  they  would,  collectively,  form  one  nation  for  the  purpose  of 
conducting  some  certain  domestic  concerns,  and  all  foreign  relations.  In 
the  instrument  forming  that  union,  is  found  an  article  which  declares  that 
"every  state  shall  abide  by  the  determinations  of  congress  on  all  ques- 
tions which  by  that  confederation  should  be  submitted  to  them." 

Under  the  confederation,  then,  no  state  could  legally  annul  a  decision 
of  the  congress,  or  refuse  to  submit  to  its  execution;  but  no  provision  w^as 
made  to  enforce  these  decisions.  Congress  made  requisitions,  but  they 
were  not  complied  with.  The  government  could  not  operate  on  individ- 
uals.    They  had  no  judiciary,  no  means  of  collecting  revenue. 

But  the  defects  of  the  confederation  need  not  be  detailed. — Under  its 
operation,  we  could  scarcely  be  called  a  nation.  We  had  neither  pros- 
perity at  home  nor  consideration  abroad.  This  state  of  things  could  not 
be  endured,  and  our  present  happy  constitution  was  formed;  but  lormed 
in  vain,  if  this  fatal  doctrine  prevails.  It  was  formed  for  important  ob- 
jects that  are  announced  in  the  preamble  made  in  the  name  and  by  the 
authority  of  the  people  of  the  United  States,  whose  delegates  framed, 
and  whose  conventions  approved  it.  The  most  important  among  these 
objects,  that  which  is  placed  first  in  rank,  on  which  all  the  others  rest, 
is  *''-to  form  a  more  'perfect  union?''  Now,  is  it  possible  that,  even  if  there 
were  no  express  provision  giving  supremacy  to  the  constitution  and  laws 
of  the  United  States  over  those  of  the  states,  it  can  be  conceived,  that  an 
instrument  made  for  the  purpose  of  '-forming  a  more  perfect  union^'^  than 
that  of  the  confederation,  could  be  so  constructed  by  the  assembled  wis- 
dom of  our  country  as  to  substitute  for  that  confederation  a  form  of  gov- 
ernment dependent  for  its  existence  on  the  local  interest,  the  party  spirit 
of  a  state,  or  of  a  prevailing  faction  in  a  state?  Every  man  of  plain  unso- 
phisticatcd  understanding,  \vho  hears  the  question,  will  give  such  an  an- 
swer as  will  preserve  the  union.  Metaphysical  subtlety,  in  pursuit  of  an 
impracticable  theory,  could  alone  have  devised  one  that  is  calculated  to 
destroy  it. 

I  consider,  then,  tlie  power  to  annul   a  law  of  the  United  States,  as- 
sumed by  one  state,  incompatible  w^ith  the  existence  of  the  union, 

CONTRADICTED  EXPRESSLY  BY  THE  LETTER  OK  THE  CONSTITUTION,  UN- 
AUTHORIZED BY  ITS  SPIRIT,'  INCONSISTENT  WITH  EVERY  PRINCIPLE  ON 
WHICH  IT  WAS  FOUNDED,  AND  DESTRUCTIVE  OF  THE  GREAT  OBJECT  FOR 
WHICH  IT  WAS  FORMED. 

After  this  general  view  of  the  leading  principle,  we  must  examine  the 
particular  application  ot  it  which  is  made  in  the  oidinance. 


1832.]  109 

The  preamble  rests  its  justification  on  these  grounds:  It  assumes  as  a 
fact,  that  the  obnoxious  laws,  allhoui-h  they  purport  to  be  laws  lor  raisin"" 
revenue,  were  in  reality  intended  lor  the  protection  of  manufactures*, 
which  purpose  it  asserts  to  be  unconstitutional, — that  the  operation  of 
these  laws  is  unequal; — that  the  amount  laised  by  them  is  greater  than  is 
required  by  the  wants  of  the  government;— and,  finally,  that  the  pro- 
ceeds are  to  be  applied  to  objects  unauthorised  by  the  constitution. 
These  are  the  only  causes  alleged  to  justify  an  open  opposition  to  the 
laws  of  the  country,  and  a  threat  of  seceding  from  the  union,  if  any  at- 
tempt should  be  made  to  enforce  them.  The  first  virtually  acknowledg- 
es that  the  law  in  question  was  passed  under  a  power  expressly  given  by 
the  constitution,  to  lay  and  collect  imposts;  but  its  constitutionality  is 
drawn  in  question  from  the  motives  of  those  who  passed  it. — However 
apparent  this  purpose  may  be  in  the  present  case,  nothing  can  be  more 
dangerous  than  to  admit  the  position  that  an  unconstitutional  purpose,  en- 
tertained by  the  members  who  assent  to  a  law  enacted  under  a  constitu- 
tional power,  shall  make  that  law  void;  for  how  is  that  purpose  to  be  as- 
certained? Who  is  to  make  the  scrutiny?  How  often  may  bad  purposes 
be  falsely  imj)uted?  in  how  ma;:iy  cases  are  they  concealed  by  false  pro- 
fessions? in  how  many  is  no  declaration  of  motive  made? — Admit  this 
doctrine,  and  you  give  to  the  states  an  uncontrolled  right  to  decide,  and 
every  law  may  be  annulled  under  this  pretext.  If,  therefore,  the  absurd 
and  dangerous  doctrine  should  be  admitted,  that  a  state  may  annul  an 
unconstitutional  law,  or  one  that  it  deems  such,  it  will  not  apply  to  the 
present  case. 

The  next  objection  is,  that  the  laws  in  question  operate  unequally. 
This  objection  may  be  made  with  truth  to  every  law  that  has  been  or  can 
be  passed.  The  wisdom  of  man  never  yet  contrived  a  system  of  taxation 
that  would  operate  with  perfect  equality.  If  tiie  unequal  operation  of  a 
law  makes  it  unconstitutional,  and  if  all  laws  of  that  description  may  be 
abrogated  by  any  state  for  that  cause,  then  indeed  is  the  federal  constitu- 
tion unworthy  of  the  slightest  effort  for  its  preservation.  We  have  hith- 
erto relied  on  it  as  the  perpetual  bond  of  our  union.  We  have  received 
it  as  the  work  of  the  assembled  wisdom  of  the  nation.  We  have  trusted 
to  it  as  to  the  sheet  anchor  of  our  safety,  in  the  stormy  times  of  conflict 
with  a  foreign  or  domestic  foe.  We  liave  looked  to  it  with  sacred  awe 
as  the  palladium  of  our  liberties,  and,  with  all  the  solemnities  of  religion, 
have  pledged  to  each  other  our  lives  and  fortunes  here,  and  our  hopes  of 
happiness  hereafter,  in  its  defence  and  support.  V/ere  we  mistaken,  my 
countrymen,  in  attaching  this  importance  to  the  constitution  of  our  coun- 
try? Was  our  devotion  paid  to  the  wretched,  inefficient,  clumsy  con- 
trivance, which  this  new  doctrine  would  make  it?  Did  we  pledge  our- 
selves to  the  support  of  an  airy  nothing — a  bubble  that  must  be  blown 
away  by  the  first  breath  of  disaffection?  Was  this  self  destroying,  vi- 
sionary theory,  the  work  of  the  profound  statesmen,  the  exalted  patriots, 
to  whom  the  task  of  constitutional  reform  was  entrusted?  Did  the  name 
of  Washington  sanction,  did  the  states  deliberately  ratify,  such  an  anom- 
aly in  the  history  of  fundamental  legislation?  No.  We  were  not  mista- 
14 


110  [December, 

ken!     The  letter  ot"  this  great  instrument  is  free  from  this  radical  fault: 
its  language  directly  contradicts  the  imputation:  its  spirit — its  evident  in- 
tent, contradicts  it.     No,  we  did  not  err!     Our  constitution  does  not  con- 
tain the  absurdity  of  giving  power  to  make  laws,  and  another  power  to 
resist  them.   The  sages,  whose  memory  will  always  be  reverenced,  have 
given  us  a  practical,  and,  as  they  hoped,  a  permanent  constitutional  com- 
pact.    I'he  father  of  his  country  did  not  affix  his  revered  name  to  so  pal- 
pable an  absurdity.     Nor  did  the  states,   when  they  severally  ratified  it, 
do  so  under  the  impression  that  a  veto  on  the  laws  of  the  United  States 
was  reserved  to  tliem,  or  that  they  could  exercise  it  by  application. 
Search  the  debates  in  all  tlieir  conventions — examine  the  speeches  of  the 
most  zealous  opposers  of  federal  authority — look  at  the  amendments  that 
were  proposed.     They  are  all  silent — not  a  syllable  uttered,  not  a  vote 
given,  not  a  motion  made,  to  correct  the  explicit  supremacy  given  to  the 
laws  of  the  union  over  those  of  the  states — or  to  show  that  implication, 
as  is  now"  contended,  could  defeat  it.     No,  we  have  not  erred!     The 
constitution  is  still  tlie  object  of  our  reverence,  the  bond  of  our  union, 
our  defence  in  danger,  the  source  of  our  prosperity  in  peace.   It  shall  de- 
scend, as  we  have  received  it,  uncorrupted  by  sophistical  construction, 
to  our  posterity;  and  the  sacrifices  of  local  interest,  of  state  prejudices, 
of  personal  animosities,  that  wTre  made  to  bring  it  into  existence,  wilt 
again  be  patriotically  offered  for  its  support. 

The  two  remaining  objections  made  by  the  ordinance  to  these  laws  are, 
that  the  sums  intended  to  be  raised  by  them  are  greater  than  aie  required, 
and  that  the  proceeds  will  be  unconstitutionally  employed.  The  consti- 
tution has  given  expressly  to  congress  the  right  of  raising  revenue,  and 
of  determining  the  sum  the  public  exigences  will  require.  The  states 
have  no  control  over  the  exercise  of  this  right,  other  than  that  which  re- 
sults from  the  power  of  changing  the  representatives  who  abuse  it,  and 
thus  procure  redress.  Congress  may  undoubtedly  abuse  this  discretion- 
ary power,  but  the  same  may  be  said  of  others  with  which  they  are  vest- 
ed. Yet  the  discretion  must  exist  somewhere.  The  constitution  has 
given  it  to  the  representatives  of  all  the  people,  checked  by  the  represen- 
tatives of  the  states,  and  by  the  executive  power.  The  South  Carolina 
construction  gives  it  to  the  legislature  or  the  convention  of  a  single  state, 
where  neither  the  people  of  the  different  states,  nor  the  states  in  their  se- 
parate capacity,  nor  the  chief  magistrate  elected  by  the  people,  have  any 
representation.  Which  is  the  most  discreet  disposition  of  the  power?  I 
do  not  ask  you,  fellow-citizens,  which  is  the  constitutional  disposition — 
that  instrument  speaks  a  language  not  to  be  misunderstood.  But  if  you 
were  assembled  in  general  convention,  which  would  you  think  the  safest 
depository  of  this  discretionary  power  in  the  last  resort?  Would  you  add 
a  clause  giving  it  to  each  of  the  states,  or  would  you  sanction  the  wise 
provisions  already  made  by  your  constitution?  If  this  should  be  the  re- 
sult of  your  deliberations  when  providing  for  the  future,  are  you — can 
you — be  ready  to  risk  all  that  we  hold  dear,  to  establish,  for  a  tempora- 
ry and  a  local  purpose,  that  which  you  must  acknowledge  to  be  destructive, 
and  even  absurd,  as  a  general  provision?  Carry  out  the  consequences  of 
this  right  vested  in  the  different  states,  and  you  must  perceive  that  the 


1832.]  .  Ill 

crisis  your  conduct  presents  al  this  day  would  recur  wlienever  any  law 
of  the  United  States  displeased  any  of  the  states,  and  that  we  should  soon 
cease  to  be  a  nation. 

The  ordinance,  with  the  same  knowledge  of  the  future  that  character- 
izes a  former  objection,  tells  you  that  the  proceeds  of  the  tax  will  be  un- 
constitutionally applied.  If  this  could  be  ascertained  with  certainty,  the 
objection  would,  with  more  propriety,  be  reserved  for  the  law  so  apply- 
ing the  proceeds,  but  surely  cannot  be  urged  against  the  laws  levying  the 
dutv. 

These  are  the  allegations  contained  in  the  ordinance.  Examine  them 
seriously,  my  fellow  citizens— judge  for  yourselves.  I  appeal  to  you  to 
determine  whether  they  are  so  clear,  so  convincing,  as  to  leave  no  doubt 
of  their  correctness:  and  even  if  you  should  come  to  this  conclusion,  how 
far  they  justify  the  reckless,  destructive  course,  which  you  are  directed 
to  pursue.  Review  these  objections,  and  the  conclusions  drawn  from 
them,  once  more.  What  are  they.^  Every  law,  then,  for  raising  revenue, 
according  to  the  South  Carolina  ordinance,  may  be  rightfully  annulled, 
unless  it  be  so  framed  as  no  law  ever  will  or  can  be  framed.  Congress 
have  a  right  to  pass  laws  for  raising  revenue,  and  each  state  has  a  right 
to  oppose  their  execution — two  rights  directly  opposed  to  each  other, 
and  yet  is  this  absurdity  supposed  to  be  contained  in  an  instrument  drawn 
for  the  express  purpose  of  avoiding  collisions  between  the  states  and  the 
general  government,  by  an  assembly  of  the  most  enlightened  statesmen 
and  purest  patriots  ever  embodied  for  a  similar  purpose. 

In  vain  have  these  sages  declared  that  congress  shall  have  power  to  lay 
and  collect  taxes,  duties,  imposts,  and  excises — in  vain  have  they  provid- 
ed that  they  shall  have  power  to  pass  laws  which  shall  be  necessary  and 
proper  to  carry  those  powers  into  execution;  that  those  laws  and  that 
constitution  shall  be  the  '^supreme  law  of  the  land;  and  that  the  judges  in 
every  state  shall  be  bound  thereby,  any  thing  in  the  constitution  or  laws 
of  any  state  to  the  contrary  notwithstanding."  In  vain  have  the  people 
of  the  several  states  solemnly  sanctioned  these  provisions,  made  them 
their  paramount  law,  and  individually  sworn  to  support  them  ^vhenever 
they  were  called  on  to  execute  any  office.  Vain  provisions!  ineffectual 
restrictions!  vile  profanation  of  oaths!  miserable  mockery  of  legislation! 
if  a  bare  majority  of  the  voters  in  any  one  state  ma}^  on  a  real  or  sup- 
posed knowledge  of  the  intent  with  which  a  law  has  been  passed,  declare 
themselves  free  from  its  operation — say  here  it  gives  too  little,  there  too 
much,  and  operates  unequally — here  it  suffers  articles  to  be  free  that 
ought  to  be  taxed,  there  it  taxes  those  that  ought  to  be  free — in  this  case 
the  proceeds  are  intended  to  be  applied  to  purposes  which  we  do  not  ap- 
prove, in  that  the  amount  raised  is  more  than  is  wanted.  Congress,  it  is 
true,  are  invested  by  the  constitution  with  the  right  of  deciding  these 
questions  according  to  their  sound  discretion.  Congress  is  composed  of 
the  representatives  of  all  the  states  and  of  all  the  people  of  all  the  states; 
but  WE,  part  of  the  people  of  one  state,  to  whom  the  constitution  has 
given  no  power  on  the  subject,  from  whom  it  has  expressly  taken  it  away 
— loe,  who  have  solemnly  agreed  that  this  constitution  shall  be  our  law — 
wCj  most  of  whom  have  sworn  to  support  it — we,  now  abrogate  this  law, 


112  [December. 

and  swear,  and  force  others  to  swear,  that  it  shall  not  be  obeyed — and 
we  do  this,  not  because  congress  have  no  right  to  pass  such  laws;  this 
we  do  not  allege;  but  because  they  have  passed  them  with  improper 
views.     T/iey  are  unconstitutional  from  the  motives  of  those  who  passed 
them,  which  we  can  never  with  certainty  know%  from  their  unequal  ope- 
ration; although  it  is  impossible  from  the  nature  of  things  that  ihey  should 
be  equal — and  from  the  disposition  which  we  presume  may  be  made  of  their 
proceeds,  although  that  disposition  has  not  been  declared.     Tliis  is  the 
])lain  meaning  of  the  ordinance  m  relation  to  laws  which  it  abrogates  for 
alleged  unconstitutionality.     But  it  does  not  stop  there.     It  repeals,  in 
express  terms,  an  important  part  of  the  constitution  itself,  and  of  laws 
passed  to  give  it  effect,  which  have  never  been  alleged  to  be  unconstitu- 
tional.    The  constitution  declares  that  the  judicial  powers  of  the  United 
States  extend  to  cases  arising  under  the  laws  of  the  United  States,  and 
that  such  laws,  the  constitution  and  treaties  shall  be  paramount  to  the 
state  constitutions  and  laws.     The  judiciary  act  prescribes  the  mode  by 
which  the  case  may  be  brought  before  a  court  of  the  United  States,  by 
appeal,  when   a  state  tribunal  shall  decide  against  this  provision  of  the 
constitution.    The  ordinance  declares  there  shall  be  no  appeal;  makes  the 
state  law  paramount  to  the  constitution  and  laws  of  the  United  States; 
forces  judges  and  jurors  to  swear  that  they  w^ill  disregard  their  provi- 
sions; and  even  makes  it  penal  in  a  suitor  to  attempt  relief  by  appeal.     It 
further  declares  that  it  shall  not  be  lawful  for  the  authorities  of  the  United 
States,  or  of  that  state,  to  enforce  the  payment  of  duties  imposed  by  the 
revenue  laws  within  its  limits. 

Here  is  a  law  of  the  United  States,  not  even  pretended  to  be  uncon- 
stitutional, repealed  by  the  authority  of  a  small  majority  of  the  voters 
of  a  single  state.  Here  is  a  provision  of  the  constitution  which  is  solemn- 
ly abrogated  by  the  same  autliority. 

On  such  expositions  and  reasonings,  the  ordinance  grounds  not  only 
an  assertion  of  the  right  to  annul  the  laws  of  wiiieh  it  complains,  but 
to  enforce  it  by  a  threat  of  seceding  from  the  union,  if  any  attempt  is 
made  to  execute  them. 

This  right  to  secede  is  deduced  from  the  nature  of  the  constitution, 
which,  they  say,  is  a  compact  between  sovereign  states,  who  have  pre- 
served their  whole  sovereignty,  and,  therefore,  are  subject  to  no  superi- 
or, that,  because  they  made  the  compact,  they  can  break  it  when,  in 
'their  opinion,  it  has  been  departed  from  by  the  other  states.  Fallacious 
as  this  course  of  reasoning  is,  it  enlists  state  pride,  and  finds  advocates 
in  the  honest  prejudices  of  those  who  have  not  studied  the  nature  of  our 
government  sufficiently  to  see  the  radical  error  on  wiiich  it  rests. 

The  people  of  the  United  States  formed  the  constitution,  acting 
through  the  state  legislatures  in  making  the  compact,  to  meet  and  dis- 
cuss its  provisions,  and  acting  in  separate  conventions  when  they  ratified 
those  provisions;  but  the  terms  used  in  its  construction,  show  it  to  be  a 
government  in  which  the  people  of  all  the  states  collectively  are  repre- 
sented. We  are  one  people  in  the  choice  of  the  president  and  vice 
president.  Here  the  states  liave  no  other  agency  than  to  direct  the  mode 
in  which  the  votes  shall  be   given.     The  candidates  having  the  majority 


1832]  113 

of  all  the  votes  are  chosen.  The  electors  of  a  majority  of  states  may 
have  given  their  votes  for  one  canuldate,  and  yet  another  may  be 
chosen.  The  people,  then,  and  not  the  states,  are  represented  in  the 
executive  branch. 

In  the  house  of  representatives  there  is  this  difference,  that  the  people 
of  one  state  do  not,  as  in  the  case  of  president  and  vice  president,  all 
vote  for  the  same  otficers.  The  people  of  all  the  states  do  not  vote  for 
all  the  members,  each  state  electing  only  its  own  representatives.  But 
this  creates  no  material  distinction.  When  chosen,  they  are  all  repre- 
sentatives of  the  United  States,  not  representatives  of  the  particular 
state  from  which  they  come.  They  are  paid  by  the  United  States,  not 
by  the  state;  nor  are  they  accountable  to  it  for  any  act  done  in  the  per- 
formance of  their  legislative  functions;  and,  however  they  may  in  practice, 
as  it  is  their  duty  to  do,  consult  and  prefer  the  interests  of  their  particular 
constituents  when  they  come  in  conflict  with  any  other  partial  or  local 
interest,  yet  it  is  their  first  and  highest  duty,  as  representatives  of  the 
United  States,  to  promote  the  general  good. 

The  constitution  of  the  United  States,  then,  forms  a  government,  not 
a  league;  and  whether  it  be  formed  by  compact  between  the  states,  or  in 
any  other  manner,  its  character  is  the  same.  It  is  a  government  in  which 
all  the  people  are  represented,  which  operates  directly  on  the  people 
individually,  not  upon  the  states:  they  retained  all  the  power  they  did 
not  grant.  But  each  state  having  expressly  parted  with  so  many  powers 
as  to  constitute,  jointly  with  the  other  states  a  single  nation,  can' not  from 
that  period  possess  any  right  to  secede,  because  such  secession  does  not 
break  a  league,  but  destroys  the  unity  of  a  nation;  and  any  injury  to 
that  unity  is  not  only  a  breach  which  would  result  from  the  contraven- 
tion of  a  compact,  but  it  is  an  offence  against  the  whole  union.  To  say 
that  any  state  may  at  pleasure  secede  from  the  union,  is  to  say  that  the 
United  States  are  not  a  nation;  because  it  would  be  a  solecism  to  con- 
tend that  any  part  of  a  nation  might  dissolve  its  connexion  w^ith  the  other 
parts,  to  their  injury  or  ruin,  without  committing  any  offence.  Seces- 
sion, like  any  other  revolutionary  act,  may  be  morally  justified  by  the 
extremity  of  oppression;  but  to  call  it  a  constitutional-  right  is  confound- 
ing the  meaning  of  terms;  and  can  only  be  done  through  gross  error,  or 
to  deceive  those  who  are  willing  to  assert  a  right,  but  would  pause  be- 
fore they  made  a  revolution,  or  incur  the  penalties  consequent  on  a  failure. 

Because  the  union  was  formed  by  compact,  it  is  said  the  parties  to  that 
compact  may,  when  they  feel  themselves  aggrieved,  depart  from  it:  but 
it  is  precisely  because  it  is  a  compact  that  they  cannot.  A  compact  is 
an  agreement  or  binding  obligation.  It  may,  by  its  terms,  have  a  sanc- 
tion or  penalty  for  its  breach,  or  it  may  not. — If  it  contains  no  sanction, 
it  may  be  broken  with  no  other  consequence  than  moral  guilt:  if  it  have 
a  sanction,  then  the  breach  incurs  the  designated  or  implied  penalty. 
A  league  between  independent  nations,  generally,  has  no  sanction  other 
than  a  moral  one;  or,  if  it  should  contain  a  penalty,  as  there  is  no  com- 
mon superior,  it  cannot  be  enforced.  A  government,  on  the  contrary, 
always  has  a  sanction,  expressed  or  implied;  and,  in  our  case,  it  is  both 
necessarily  implied  and  expressly  given.  An  attempt  by  force  of  arms 
to  destroy  a  government,  is  an  offence,  by  whatever  means  the  constitu- 


114  [December, 

tional  compact  may  have  been  formed;  and  such  government  has  the 
rio-ht,  by  the  law  of  self-defence,  to  pass  acts  for  punishing  the  offender, 
unless  that  right  is  modified,  restrained,  or  resumed,  by  the  constitutional 
act.  In  our  system,  although  it  is  modified  in  the  case  of  treason,  yet 
authority  is  expressly  given  to  pass  all  laws  necessary  to  carry  its  pow- 
ers into  elfect,  and  under  this  grant  provision'  has  been  made  for 
punishin?  acts  which  obstruct  the    due  administration  of  the  laws. 

Il  would  seem  superfluous  to  add  any  thing  to  show  the  nature  of  that 
union  which  connects  us;  but  as  erroneous  opinions  on  this  subject  are 
the  foundation  of  doctrines  the  most  destiuctive  to  our  peace,  I  must 
give  some  further  development  to  my  views  on  this  subject.  No  one, 
fellow  citizens,  has  a  higher  reverence  for  the  reserved  rights  of  the 
states,  than  the  magistrate  who  now  addresses  you.  No  one  would 
make  greater  personal  sacrifices,  or  official  exertions,  to  defend  them 
from  violation;  but  equal  care  must  be  taken  to  prevent  on  their  part  an 
improper  interference  with,  or  resumption  ot;the  rights  they  have  vested 
in  the  nation,  llie  line  has  not  been  so  distinctly  drawn  as  to  avoid 
doubts  in  some  cases  of  the  exercise  of  power  Men  of  the  best  inten- 
'  tions  and  soundest  views  may  differ  in  their  construction  of  some  parts 
of  the  constitution:  but  there  are  others  on  which  dispassionate  reflec- 
tion can  leave  no  doubt.  Of  this  nature  appears  to  be  the  assumed  right 
of  secession — It  rests,  as  we  have  seen,  on  the  alleged  undivided  sover- 
ei'^nity  of  the  states,  and  on  their  having  formed  in  this  sovereign  capa- 
city a  compact  which  is  called  the  constitution,  from  which  because  they 
made  it,  they  have  the  right  to  secede.  Both  of  these  positions  are  er- 
roneous, and  some  of  the  arguments  to  prove  them  so  have  been  antici- 
pated. 

The  states  severally  have   not  retained  their  entire  sovereignty.     It 
has   been  shown  that  in  becoming  parts  of  a   nation,  not  members  of  a 
leao-ue,  they   surrendered   many  of  their   essential    parts  of  sovereignty. 
The  right  to  make  treaties— declare  war — levy   taxes — exercise  exclu- 
sive judicial  and  legislative  powers — were  all  of  them  functions  of  sover- 
eign power.     The   states,  then,    for  all  these   important  purposes,  were 
no  lon<'-er  sovereign.     The  allegiance  of  their  citizens  was  transferred, 
in  the  first  instance,   to  the  government   of  the  U.  States — they  became 
American  citizens,  and  owed  obedience  to  the  constitution  of  the  U.  States, 
and  to  laws  made  in  confcrmity  with  the  powers  it  vested  in  congress. — 
This  last  position  has  not  been,  and  cannot    be  denied.     How    then  can 
that  state  be  said  to  he   soveieign  and  independent,  whose  citizens  owe 
obedience  to  laws  not  made  by  it,   and  whose  magistrates  are  sworn  to 
disregard  those   laws,  when  they  come  in  conflict  with  those  passed  by 
anotlier?  What  shows  conclusively  that  the  states  cannot  be  said  to  have 
reserved    an  undivided   sovereignty,   is,  that  they  expressly   ceded    the 
right  to    punish  treason — not   treason  against  their  separate  power — but 
treason  against  the  United    States.     Treason   is  an  olfence  against  sovcr- 
cii;nt}j,  and   sovereignty  must  reside  with  the   power  to  punish   it.     But 
the  reserved  rights  ot  the  states  are   not  less  sacred,  because  they  have 
for  their  common  interest  made  the  general  government  the  depository  of 
ihese  powers.     The  unity  of  our  political  character  (as  has  been  shown 


1832.]  115 

for  another  purpose)  commenced   with   its  very  existence.     Under   the 
royal  government  we  had  no  separate  character— our   opposition   to  its 
oppressions  began  as  United  Colonies.     We  were  the  United  States 
under  the  confederation,    and  the  name  was  perpetuated,    and  the  union 
rendered  more   perfect,  by  the    federal  constitution.     In  none   of  these 
stages  did  we  consider   ourselves  in  any  other  light  than  as  forming  one 
nat?on.     Treaties  and  alliances  were  made  in   the  name  of  all.     Troops 
were  raised  for  the  joint  defence.     How,   then,  with   all  these  proofs, 
that  under  all  changes  of  our  position  we  had,  for   designated  purposes 
and  with  defined  powers,  created  national  governments— how   is  it,  that, 
the  most  perfect  of  those  several  modes   of  union  should  now  be  consi(l- 
ered   as  a  mere  league,   that   may     be   dissolved  at   pleasure?     It   is 
from  an  abuse  of  terms.     Compact  is  used   as  synonymous   with  league, 
although  the  true  term  is  not  employed,  because   it  would  at  once  shew 
the  fallacy  of  the  reasoning.     It  would  not  do   to  say  that   our  constitu- 
tion was  only  a  league,  but,   it  is  labored  to   prove  it  a  compact,  (which 
in  one  sense  it  is)  and  then  to  argue  that  as  a  league  is  a  compact,  every 
compact  between  nations  must  of  course  be  a  league,  and  that  Irom  such 
an   engagement   every  sovereign   power  has  a  right  to   recede.     But  it 
has  been  shown,  that  in  this  sense  the  states  are    not  sovereign,  and  that 
even  if  they   were,   and  the  national   constitution  had  been   formed  by 
compact,   there  would   be  no  right  in   any   one  state  to  exonerate   itself 
from  its  obligations.  .        i       •    • 

So  obvious  are  the  reasons  which  forbid  this  secession,  that  it  is  ne- 
cessary only  to  allude  to  them.  The  union  was  formed  for  the  benefit  of 
all  It  was  produced  by  mutual  sacrifices  of  interests  and  opinions. 
Can  those  sacrifices  be  recalled?  Can  the  states  who  magnanimously 
surrendered  their  title  to  the  territories  of  the  west,  recall  the  grant? 
Will  the  inhabitants  of  the  inland  states  agree  to  pay  the  duties  that  may 
be  imposed  without  their  assent  by  those  on  the  Atlantic  or  the  gulf  for 
their  own  benefit?  Shall  there  be  a  free  port  in  one  state,  and  onerous 
duties  in  another?  No  one  believes  that  any  right  exists  in  a  single  state 
to  involve  all  tlie  others  in  these  and  countless  other  evils,  contrary  to 
the  engagements  solemnly  made.  Every  one  must  see  that  the  other 
states,  myself  defence,  must  oppose  at  all  hazards. 

These  are  the  alternatives  that  are  presented  by  the  convention:  a  re- 
peal of  all  the  acts  for  raising  revenue,  leaving  the  government  without 
the  means  of  sup'port;  or  an  acquiescence  in  the  dissolution  of  the  union 
by  the  secession  of  one  of  its  members.     When  the  first  was  proposed, 
it  was  known  that  it  could  not  be  listened  to  for  a  moment.     It  was 
known  if  force  was  applied  to  oppose  the  execution  of  the  laws,  that  it 
must  be  repelled  by  force—that  congress  could  not,  without  involving 
itself  in  diso-race,  and  the  country  in  ruin,  accede  to  the  proposition;  and 
•yet  if  this  i'^s  not  done  in  a  given  day,  or  if  any  attempt  is  made  to  exe- 
cute the  laws,  the  state  is,  by  the  ordinance,  declared  to  be  out  of  the 
union      The  majority  of  a  convention  assembled  for  the  purpose  have 
dictated  these  terms,  or  rather  this  rejection  of  all  terms,  in  the  name  of 
the  people  of  South  Carolina.     It  is  true  that  the  governor  of  the  state 
speaks  of  the  submission  of  their  grievances  to  a  convention  ot  all  the 


116  [December, 

states;  which,  he  says,  they  "sincerely  and  anxiously  seek  and  desire." 
Yet  tills  obvious  and  constitutional  mode  of  obtaining  the  sense  of  the 
other  states  on  the  construction  of  the  federal  comp:\ct,  and  amending  it, 
if  necessary,  has  never  been  attempted  by  those  who  have  urged  the 
state  on  this  destructive  measure.  The  state  might  have  proposed  the 
call  for  a  £:eneral  convention  to  the  other  states;  and  congress,  it  a  suffi- 
cient number  of  them  concurred,  must  have  called  it.  But  the  first  mag- 
istrate of  South  Carolina,  when  he  expressed  a  hope  that,  "on  a  review 
by  congress  and  tlie  functionaries  of  the  general  government  of  the  merits 
of  the  controversy,"  such  a  convention  will  be  accorded  to  them, 
must  have  known  that  neither  con^zress  nor  any  functionary  of  the  gener- 
al {rovernment  lias  authority  to  call  such  a  convention,  unless  it  be  de- 
manded  by  two  thirds  of  the  states.  This  suggestion,  then,  is  another 
instance  of  the  reckless  inattention  to  the  provisions  of  the  constitution 
with  which  this  crisis  has  been  madly  huri-ied  on;  or  of  the  attempt  to 
persuade  the  peoj)le  that  a  constitutional  remedy  had  been  sought  and  re- 
fused. If  the  leicislature  of  South  Carolina  "anxiously  desire"  a  general 
convention  to  consider  their  complaints,  why  have  they  not  made  appli- 
cation for  it  in  tlie  way  the  constitution  points  out?  The  assertion  that 
they  ^'•earnestly  seek"  it,  is  completely  negatived  by  the  omission. 

This,  then,  is  the  position  in  which  we  stand.  A  small  majority  of  the 
citizens  of  one  state  in  the  union  have  elected  delegates  to  a  state  con- 
vention: that  convention  has  ordained  that  all  the  revenue  laws  of  the 
United  States  must  be  repealed,  or  that  they  are  no  longer  a  member  of 
the  union.  The  governor  of  that  state  has  recommended  to  the  legisla- 
ture the  raising  of  an  army  to  carry  the  secession  into  effect,  and  that 
he  may  be  empowered  to  give  clearances  to  vessels  in  the  name  of  the 
state.  No  act  of  violent  opposition  to  the  laws  has  yet  been  committed, 
but  such  a  state  of  things  is  hourly  apprehended,  and  it  is  the  intent  of 
this  instrument  to  procl.^im  not  only  that  the  duty  imposed  on  me  by  the 
constitution  "to  take  care  that  the  laws  be  faithfully  executed,"  shall  be 
performed  to  the  extent  of  the  powers  already  vested  in  me  by  law,  or 
of  such  other  as  the  wisdom  of  congress  shall  devise  and  entrust  to  me 
for  that  purpose;  but  to  warn  the  citizens  of  South  Carolina,  who  have 
been  deluded  into  an  opposition  to  the  laws,  of  the  danger  they  will  in- 
cur by  obedience  to  the  illegal  and  disorganizing  ordinance  of  the  con- 
vention,— to  exhort  those  who  have  refused  to  suppoi't  it  to  persevei-c  in 
their  determination  to  uphold  the  constitution  and  laws* of  their  country, 
and  to  point  out  to  all  the  perilous  situation  into  which  the  good  people 
of  that  state  have  been  led, — and  that  the  course  they  are  urged  to 
pursue  is  one  of  ruin  and  disgrace  to  the  very  state  whose  rights  they 
alVect  to  su[)port. 

Fellow  citizens  of  my  native  state! — let  me  not  only  admonish  you,  as 
the  first  magistrate  of  our  common  country,  not  to  incur  the  penalty  of 
its  laws,  but  use  the  influence  that  a  father  would  over  his  children  whom 
he  saw  rushing  to  certain  ruin.  In  that  paternal  language,  with  that  pa- 
ternal feeling,  let  me  tell  you,  my  countrymen,  that  you  are  deluded  by- 
men  who  are  either  deceived  themselves,  or  wish  to  deceive  you.  Mark 
under  what  pretences  you  have  been  led  on  to  the  brink  of  insurrection 


1832.]  117 

and  treason,  on  which  you  stand!  First,'a  diminution  of  the  value  of  your 
staple  commodit)^  lowered  by  over  production  in  other  quarters,  and  the 
consequent  diminution  in  the  value  of  your  lands,  were  the  sole  etfect  of 
the  tariff  laws.  The  effect  of  those  laws  are  confessedly  injurious,  but 
the  evil  was  greatly  exaggerated  by  the  unfounded  theory  you  were 
taught  to  believe,  that  its  burthens  were  in  proportion  to  your  exports, 
not  to  your  consumption  of  imported  articles.  Your  pride  was  roused 
by  the  assertion  that  a  submission  to  those  laws  was  a  state  of  vassalage, 
and  that  resistance  to  them  was  equal,  in  patriotic  merit,  to  the  opposi- 
tion our  fathers  offered  to  the  oppressive  laws  of  Great  Britain.  You 
were  told  that  this  opposition  might  be  peaceably — might  be  constitu- 
tionally made — that  you  might  enjoy  all  the  advantages  of  the  union  and 
bear  none  of  its  burthens. 

Eloquent  appeals  to  your  passions,  to  your  state  pride,  to  your  native 
courage,  to  your  sense  of  real  injury,  were  used  to  prepare  you  for  the 
period  when  the  mask  which  concealed  the  hideous  features  of  disunion 
should  be  taken  off.     It  fell,  and  you  were  made  to  look  with  compla- 
cency on  objects  which,  not  long  since,  you  would  have  regarded  with 
horror.     Look  back  at  the  arts  which  have  brought  you  to  this  state — 
look  forward  to  the  consequences  to  wdiich  it  must  inevitably   lead. 
Look  back  to  what  was  first  told  you  as  an  inducement  to  enter  into  this 
dangerous  course.     The  great   political  truth   was  repeated  to  you,  that 
you  had  the  revolutionary  right  of  resisting  all  laws  that  were  palpably 
unconstitutional  and  intolerably  oppressive — it  was  added    that  the  right 
to  nullify  a  law  rested  on  the  same  principle,  but  that  it  was  a  peaceable 
remedy!     This  character  which  was  given  to  it,  made  you  receive,  with 
loo  much  confidence,  the  assertions  that  w^eremadeof  the  unconstitution- 
ality of  the  law,  and   its  oppressive  effects.     Mark,   my  fellow  citizens, 
that  by  the  admission   of  your  leaders,  the  unconstitutionality   must  be 
palpable^  or  it  will  not  justify  either  resistance  or  nullification!     What  is 
the  meaning  of  the  word  palpable,  in  the  sense  in  which  it  is  here  used? 
— that  which  is   apparent  to  every  one;   that  w^hich  no  man  of  ordinary 
intellect  will  fail  to  perceive.     Is  the  unconstitutionality  of  these  laws  of 
that  description.''     Let  those  among  your  leaders  who  once  approved  and 
advocated  the  principle  of  protective  duties,  answer  the  question;  and  let 
them  choose  whether  they  will   be  considered  as  incapable,  then,  of  per- 
ceiving that  which  must  have   been  apparent  to  every  man  of  common 
understanding,  or  as  imposing  upon  your  confidence,  and  endeavoring  to 
mislead  you  now.     In  either  case,  they  are  unsafe  guides  in  the  perilous 
path  they  urge  you  to  tread.     Fonder  well  on  this  circumstance,  and  you 
will  know  how  to  appreciate  the   exaggerated  language   they  address  to 
you.     They  are  not  champions   of  liberty,  emulating  the  fame   of  our 
revolutionary   fathers;  nor  are   you  an  oppressed    people,  contending,  as 
they  repeat  to  you,  against  worse  than  colonial  vassalage.     Vou  are  tree 
members  of  a  flourishing  and  happy  union.     There   is  no  settled  design 
to  oppress   you.     You  have  indeed   felt  the  unequal  operation  of  laws 
which  may  have  been  unwisely,  not  unconstitutionally  passed:   but  that 
inequality  must  necessarilv  be  removed.     At  the  very  moment  when  you 
15 


118  [December, 

were  madly  urged  on  the  unfortunate  course  you  have  begun,  a  change 
in  public  opinion  had  commenced.  The  nearly  approaching  payment  of 
the  public  debt,  and  the  consequent  necessity  of  a  diminution  of  duties, 
had  already  produced  a  considerable  reduction,  and  that  too  on  some  ar- 
ticles of  general  consumption  in  your  state.  The  importance  of  this 
change  was  understood,  and  you  were  authoritatively  told,  that  no  fur- 
ther alleviation  of  your  burthens  was  to  be  expected,  at  the  very  time 
when  the  condition  of  the  country  imperiously  demanded  such  a  modifi- 
cation of  the  duties  as  should  reduce  them  to  a  just  and  equitable  scale. 
But,  as  if  apprehensive  of  the  effect  of  this  change  in  allaying  your  dis- 
contents, you  were  precipitated  into  the  fearful  state  in  which  you  now 
find  yourselves. 

I  have  urged  you  to  look  back  to  the  means  that  W'ere  used  to  hurry 
you  on  to  the  ])osition  you  have  now  assumed,  and  forward  to  the  conse-' 
quences  it  will  produce.  Something  more  is  necessary.  Contemplate 
the  condition  of  that  country  of  which  you  still  form  an  important  part! 
Consider  its  government,  uniting  in  on  one  bond  of  common  interests  and 
general  protection  so  many  different  states,  giving  to  all  their  inhabitants 
the  proud  title  of  American  citizens,  protecting  their  commerce,  secur- 
ing their  literature  and  their  arts,  facilitating  their  intercommunication, 
defending  their  frontiers,  and  making  their  name  respected  in  the  re- 
motest parts  of  the  earth.^  Consider  the  extent  of  its  territory,  its  in- 
creasing and  happy  population,  its  advance  in  arts,  w^hich  render  life 
agreeable,  and  the  sciences  which  elevate  the  mind!  See  education 
spreading  the  lights  of  religion,  humanity,  and  general  information  into 
every  cottage  in  this  wnde  extent  of  our  teiritories  and  states!  Behold 
it  as  the  asylum  w^here  the  wretched  and  the  oppressed  find  a  refuge  and 
support!  Look  on  this  picture  of  happiness  and  honor,  and  say — we, 
TOO,  ARE  CITIZENS  OF  AMERICA*,  Carolina  is  one  of  these  proud  states: 
her  arms  have  defended,  her  best  blood  has  cemented  this  happy  union! 
And  then  add,  if  you  can,  w'ithout  horror  and  remorse,  this  happy  union 
we  will  dissolve — this  picture  of  peace  and  prosperity  we  will  deface — this 
free  intercourse  we  will  interrupt — these  fertile  fields  we  will  deluge  with 
blood — the  protection  of  that  glorious  flag  we  renounce — the  very  names 
of  Americans  we  discard.  And  for  what,  mistaken  men! — for  what  do 
you  throw  away  these  inestimable  blessings — for  what  would  you  ex- 
change your  share  in  the  advantages  and  honor  of  tlie  union?  For  the 
dream  of  a  separate  independence — a  dream  interrupted  by  bloody  con- 
flicts with  your  neighbors,  and  a  vile  dependence  on  a  foreign  power.  If 
your  leaders  could  succeed  in  establishing  a  separation,  what  would  be 
your  situation?  Arc  you  united  at  home — are  you  free  from  the  appre- 
hension of  civil  discord,  with  all  its  fearful  consequences?  Do  our  neigh- 
boring republics,  every  day  suffering  some  new  revolution  or  contend- 
ing with  some  new  insurrection— do  they  excite  your  envy?  But  the 
dictates  of  a  high  duty  oblige  me  solemnly  to  announce  that  you  cannot 
succeed. 

The  laws  of  the  United  Slates  must  be  executed.  I  have  no  dis- 
cretionary power  on  the  subject— my  duty  is  emphatically  pronounced 
in  the  constitution.     Those  who  told  you  that  you  might  peaceably 


1832.]  119 

prevent  their  execution,  deceived  you — they  could  not  have  been  deceiv- 
ed themselves.  They  know  that  a  forcible  opposition  could  alone 
prevent  the  execution  of  the  laws,  and  they  know  that  such  opposition 
must  be  repelled.  Their  object  is  disunion;  but  be  not  deceived  by 
names;  disunion,  by  armed  force,  is  treason.  Are  you  really  ready  to  incur 
its  guilt.?  If  you  are,  on  the  heads  of  the  instigators  of  the  act  be  the 
dreadful  consequences — on  their  heads  be  the  dishonor,  but  on  yours 
may  fall  the  punishment— on  your  unhappy  state  will  inevitably  fall  all 
the  evils  of  the  conflict  you  force  upon  the  government  of  your  country. 
It  cannot  accede  to  the  mad  project  of  disunion  of  which  you  would  be 
the  first  victims — its  first  magistrate  cannot,  if  he  would,  avoid  the  per- 
formance of  his  duty — the  consequence  must  be  fearlul  for  you,  dis- 
tressing to  your  fellow  citizens  here,  and  to  the  friends  of  good  go- 
vernment throughout  the  world.  Its  enemies  have  beheld  our  prosperi- 
ty with  a  vexation  they  could  not  conceal — it  was  a  standing  refutation 
of  their  slavish  doctrines,  and  they  will  point  to  our  discord  with  the 
triumph  of  malignant  joy.  It  is  yet  in  your  power  to  disappoint  them. 
There  is  yet  time  to  show  that  the  descendants  of  the  Pinckneys,  the 
Sumpters,  the  Rutledges;  and  of  the  thousand  other  names  which  adorn 
the  pages  of  your  revolutionary  history  will  not  abandon  that  union  to 
support  which,  so  many  of  them  fought,  and  bled,  and  died.  I  adjure 
you  as  you  honor  their  memory — as  you  love  the  cause  of  freedon,  to 
which  they  dedicated  their  lives — as  you  prize  the  peace  of  your  coun- 
try, the  lives  of  its  best  citizens,  and  your  own  fair  fame,  to  retrace 
your  steps.  Snatch  from  the  archives  of  your  state  the  disorganizing 
edict  of  its  convention — bid  its  members  to  re-assemble  and  promulgate 
the  decided  expressions  of  your  will  to  remain  in  the  path  which  alone 
can  conduct  you  to  safety,  prosperity  and  honor — tell  them  that  com- 
pared to  disunion,  all  other  evils  are  light,  because  that  brings  with  it  an 
accumulation  of  all — declare  that  you  will  never  take  the  field  unless 
the  star  spangled  banner  of  your  country  shall  float  over  you — that  you 
will  not  be  stigmatized  when  dead,  and  dishonored  and  scorned  while 
you  live,  as  the  authors  of  the  first  attack  on  the  constitution  of  your 
country! — Its  destroyers  you  cannot  be.  You  may  disturb  its  peace — 
you  may  interrupt  the  course  of  its  prosperity — you  may  cloud  its  repu- 
tation for  stability — but  its  tranquillity  will  be  restored,  its  prosperity 
will  return,  and  the  stain  upon  its  national  character  will  be  tiansferred,  and 
remain  an  eternal  blot  on  the  memory  of  those  who  caused  the  disorder. 
Fellow  citizens  of  the  United  States!  The  threat  of  unhallowed 
disunion — the  names  of  those,  once  respected,  by  whom  it  is  uttered — 
the  array  of  military  force  to  support  it — denote  the  approach  of  a  cri- 
sis in  our  affairs  on  which  the  continuance  of  our  unexampled  prosperi- 
ty, our  political  existence,  and  perhaps  that  of  all  free  governments  may 
depend.  The  conjunction  demanded  a  free,  a  full,  and  explicit  enuncia- 
tion, not  only  of  my  intentions  but  of  my  principles  of  action;  and  as  the 
claim  was  asserted  of  a  right  by  a  state  to  annul  the  alws  of  the  union  and 
even  to  secede  from  it  at  pleasure,  a  frank  exposition  of  my  opinions  in  rela- 
tion to  the  origin  and  form  of  our  government,  and  the  construction  I 
give  to  the  instrument  by  which  it  was  created,  seemed  to  be  proper. 


120  [December, 

Having  the  fullest  confidence  in  the  justness  of  the  legal  and  constitution- 
al opiiuon  of  my  duties  which  has  been  expressed,  I  rely  with  equal  con- 
fidence on  your  undivided   support  in   my  determination  to  execute  the 

]aws to   preserve   the  union  by  all  constitutional  means — to  arrest,  if 

possible,  by  moderate  but  firm  measures,  the  necessity  of  a  recourse  to 
force;  and,  if  it  be  the  will  of  heaven  that  the  recurrence  of  its  primeval 
curse' on  man  for  the  shedding  of  a  brother's  blood  should  fall  upon  our 
land,  that  it  be  not  called  down  by  any  offensive  act  on  the  part  of  the 
United  States. 

Fellow  citizens!  The  momentous  case  is  before  you.  On  your  un- 
divided support  of  your  government  depends  the  decision  of  the  great 
question  it  involves,  whether  your  sacred  union  will  be  preserved,  and 
the  blessing  it  secures  to  us  as  one  people  shall  be  perpetuated.  No  one 
can  doubt  tliat  the  unanimity  with  which  that  decision  will  be  expressed, 
will  be  such  as  to  inspire  new  confidence  in  republican  institutions,  and 
that  the  prudence,  the  wisdom  and  the  courage  which  it  will  bring  to 
their  defence,  will  transmit  them  unimpaired  and  invigorated  to  our 
children. 

May  the  Great  Ruler  of  nations  grant  that  the  signal  blessings  with 
which  He  has  favored  ours,  may  not,  by  the  madness  of  party  or  person- 
al ambition,  be  disregarded  and  lost:  and  may  His  wise  Providence  bring 
those  who  have  produced  this  crisis, to  seethe  folly,  before  they  feel  the 
misery  of  civil  strife:  and  inspire  a  returning  veneration  for  that  union 
which,  if  we  may  dare  to  penetrate  His  designs,  He  has  chosen  as  the 
only  means  ot  attaining  the  high  destinies  to  which  we  may  reasonably 
aspire. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  to 
be  hereunto  affixed,  having  signed  the  same  with  my  hand. 

Done  at  the  city  of  Washington  this  10th  day  of  December,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  thirty-two  and  of  the 
Independence  of  the  United  States  the  fifty-seventh. 

ANDREW  JACKSON. 

By  the  President. 
Ewd.  Livingstoiiy  Secretary  of  State. 


MESSAGE  TO  CONGRESS 


COMMUNICATED. 


JANUARY  16,    1833. 


MESSAGE   TO   CONGRESS- 


Coniinimicatef]  January^  16,  1833. 


Gentlemen  of  the  Senate 

and  House  of  Representatives: 

IN  my  annual  message,  at  the  commencement  of  your  present  session, 
I  adverted  to  the  opposition  to  the  revenue  laws  in  a  particular  quarter 
of  the  United  States,  which  threatened,  not  merely  to  thwart  their  exe- 
cution, but  to  endanger  the  integrity  of  the  union.  And,  although  I  then 
expressed  my  reliance  that  it  might  be  overcome  by  the  prudence  of  the 
officers  of  the  United  States,  and  the  patriotism  of  the  people,  I  stated 
that  should  the  emergency  arise,  rendering  the  execution  of  the  existing 
laws  impracticable,  from  any  cause  whatever,  prompt  notice  should  be 
given  to  congress,  with  the  suggestion  ot  such  views  and  measures  as 
might  be  necessary  to  meet  it. 

Events  which  have  occurred  in  the  quarter  then  alluded  to,  or  which 
have  come  to  my  knowledge  subsequently,  present  this  emergency. 

Although  unknown  to  me  at  the  date  of  the  annual  message,  the  con- 
vention which  assembled  at  Columbia,  in  the  State  of  South  Carolina, 
passed,  on  the  24th  of  November  last,  an  ordinance  declaring  certain  acts 
of  congress  therein  mentioned  within  the  limits  of  that  state  to  be  abso- 
lutely null  and  void,  and  making  it  the  duty  of  the  legislature  to  pass 
such  laws  as  would  be  necessary  to  carry  the  same  into  effect,  fro.m  and 
after  the  1st  of  February  next.  A  copy  of  that  ordinance  has  been  offi- 
cially transmitted  to  me  by  the  governor  of  South  Carolina,  and  is  now 
communicated  to  congress. 

The  consequences  to  which  this  extraordinary  defiance  of  the  just  au- 
thority of  the  government  might  too  surely  lead  were  clearly  foreseen, 
and  it  was  impossible  for  me  to  hesitate  as  to  my  own  duty  in  such  an 
emergency.  The  ordinance  had  been  passed,  however,  without  any 
certain  knowledge  of  the  recommendation,  which,  from  a  view  of  the 
interests  of  the  nation  at  large,  the  executive  had  determined  to  submit 
to  congress,  and  a  hope  was  indulged  that  by  frankly  explaining  his 
sentiments  and  the  nature  of  those  duties  wliich  the  crisis  would  devolve 
upon  him,  th*^  authorities  of  South  Carolina  might  be  induced  to  retrace 


124  [January, 

their  steps.     In  this  hope  I  determined  to   issue  my  proclamation  of  the 
11th  of  December  last,  a  copy  of  which  I  now  Liy  before  congress. 

I  re"-ret  to  inform  you  that  these  reasonable  expectations  have  not 
been  i-ealized,  and  that  the  several  acts  of  the  legislature  of  South  Car- 
olina, which  I  now  lay  before  you,  and  whicli  have  all  and  each  of  thern 
finally  passed  after  a"^knowledge  of  the  desire  of  the  administration  to 
modify  the  laws  complained  of,  are  too  well  calculated,  both  in  their 
positive  enactments  and  in  the  spirit  of  opposition  wdiich  they  obviously 
encourao-e,  wholly  to  obstruct  the  collection  of  the  revenue  within  the 
limits  of  that  state. 

Up  to  this  period,  neither  the  recommendation  of  the  executive,  in 
re"-ard  to  our  financial  policy  and  impost  system,  nor  the  disposition  man- 
ifested by  congress  promptly  to  act  upon  that  subject,  nor  the  unequivo- 
cal expression  of  the  public  will  in  all  parts  of  the  union,  appears  to  have 
produced  any  relaxation  in  tiie  measures  of  opposition  adopted  by  the 
state  of  South  Carolina,  nor  is  there  any  reason  to  hope  that  the  ordi- 
nance and  laws  will  be  abandoned.  1  have  no  knowledge  that  an  attempt 
has  been  made,  or  that  it  is  in  contemplation  to  re-assemble  either  the 
convention  or  the  legislature;  and  it  will  be  perceived,  that  the  interval 
before  the  1st  of  February  is  too  short  to  admit  of  the  preliminary  steps 
necessary  for  that  purpose.  It  appears,  moreover,  that  the  state 
authorities  are  actively  organizing  their  military  resources,  and  provid- 
ing the  means,  and  giving  the  most  solemn  assurances  of  protection  and 
support  to  all  who  shallyenlist  in  opposition  to  the  revenue  laws.  A  re- 
cent proclamation  of  the  present  governor  of  South  Carolina  has  openly 
defied  the  authority  of  the  executive  of  the  union,  and  general  orders 
from  the  head-quaiters  of  the  state  have  announced  his  determination  to 
accept  the  services  of  volunteers,  and  his  belief,  that  should  their  coun- 
try need  their  services,  they  will  be  found  at  the  post  of  honor  and  duty, 
ready  to  lay  down  their  lives  in  her  defence.  Under  these  orders,  the 
forces  referred  to,  are  directed  to  ^'•hold  themselves  in  readiness  to  take 
tlie  field  in  a  moment's  waining,"  and  in  the  city  of  Charleston — within 
a  collection  district,  and  a  port  of  entry,  a  rendezvous  has  been 
opened  for  the  purpose  of  enlisting  men  for  the  magazine  and  municipal 
ofuard.  Thus  South  Carolina  presents  in  the  attitude  of  hostile  prepara- 
tion, and  ready  even  for  military  violence  if  need  be,  to  enforce  her 
la^vs  for  preventing  the  collection  of  the  duties  within  her  limits. 

Proceedings  thus  announced  and  matured  must  be  distinguished  from 
nienances  of  unlawful  resistance  by  irregular  bodies  of  people,  who, 
acting  under  temporary  delusion,  may  be  restrained  by  leflection  and 
the  infiuence  of  public  opinion  Irom  the  commission  of  actual  outrage. 
In  the  present  instance  aggression  may  be  regarded  as  committed  when 
it  is  ofiicially  authorised,  and  the  means  of  enforcing  it  fully  provided. 

Under  these  circumstances,  there  can  be  no  doubt  that  it  is  tiie  deter- 
mination of  the  authorities  of  South  Carolina,  fully  to  carry  into  elfect 
their  ordinance  and  laws,  after  the  first  of  February.  It  therefore  be- 
comes my  duty  to  bring  the  subject  to  the  serious  consideration  of  con- 
gress, in  order  that  such  measures  as  they,  in  their  wisdom  may  deem  fit, 
shall  be   seasonably  provided,  and   that  it  may   be  thcreU*^  understood. 


1833.]  125 

that  while  the  government  is  disposed  to  remove  all  just  cause  of  com- 
plaint, as  far  as  may  be  practicable,  consistently  with  a  proper  regard 
to  the  interests  of  the  community  at  large,  it  is  nevertheless  determined 
that  the  supremacy  of  the  laws  shall  be  maintained. 

In  making  this  communication,  it  appears  to  me  to  be  proper,  not 
only  that  I  should  lay  before  you  the  ads  and  proceedings  of  South 
Carolina,  but  that  I  should  also  fully  acquamt  you  with  those  steps  which 
I  have  already  caused  to  be  taken  for  the  due  collection  of  the  revenue, 
and  with  my  views  of  the  subject  generally,  that  the  suggestions  which 
the  constitution  requires  me  to  make  in  regard  to  your  future  legislation, 
may  be  better  understood. 

This  subject  having  early  attracted  the  anxious  attention  of  the  execu- 
tive, as  soon  as  it  was  probable  that  the  authorities  of  South  Carolina 
seriously  meditated  resistance  to  the  faithful  execution  of  the  revenue 
laws,  it  was  deemed  advisable,  that  the  secretary  of  the  treasury  should 
particularly  instruct  the  officers  of  the  United  States,  in  that  part  of  the 
union,  as  to  the  nature  of  the  duties  prescribed  by  the  existing  laws. 

Instructions  were  accordingly  issued  on  the  6th  of  November  to  the 
collectors  in  that  state,  pointing  out  their  respective  duties,  and  enjoining 
upon  each  a  firm  and  vigilant,  but  discreet  performance  of  them  in  the 
emergency  then  apprehended.  I  herewith  transmit  copies  of  these  in- 
structions and  of  the  letter  addressed  to  the  district  attorney,  requesting 
his  co-operation. 

These  instructions  were  dictated  in  the  hope  that  as  the  opposition  to 
the  laws  by  the  anomalous  proceeding  of  nullification  was  represented  to 
be  of  a  pacific  nature,  to  be  pursued  substantially  according  to  the  forms 
of  the  constitution,  and  without  resorting,  in  any  event,  to  force  or  vio- 
lence, the  measures  of  its  advocates  would  be  taken  in  conformity  with 
that  profession;  and,  on  such  supposition,  the  means  aiforded  by  the  ex- 
isting laws  would  have  been  adequate  to  meet  any  emergency  likely  to 
arise. 

It  was,  however,  not  possible  altogether  to  suppress  apprehension  of 
the  excesses  to  which  the  excitement  prevailing  in  that  quarter  mi"-ht 
lead;  but,  it  certainly  was  not  foreseen  tha  the  meditated  obstruction  to 
the  laws  would  so  soon  openly  assume  its  present  character. 

Subsequently  to  the  date  of  those  instructions,  however,  the  ordinance 
of  the  convention  was  passed,  which,  if  complied  with  by  the  people  of 
that  state,  must  effectually  render  inoperative  the  present  revenue  laws 
within  her  limits.  That  ordinance  declares  and  ordains  "that  the  sev- 
eral acts  and  parts  of  acts  of  the  congress  of  the  U.  States,  purporting-  to 
be  laws  for  the  imposing  of  duties  and  imposts  on  the  importation  of 
foreign  commodities,"  and  now  having  operation  and  effect  within  the 
United  States,  and  more  especially  "an  act  in  alteration  of  these  several 
acts  imposing  duties  on  imports,"  approved  on  the  1 9th  of  May,  1828, 
and  also  an  act  entitled  "an  act  to  alter  and  amend  the  several  acts  im- 
posing duties  on  imports,"  approved  on  the  14th  July,  1832,  are  un- 
authorised by  the  constitution  of  the  United  States,  and  violate  the  true 
intent  and  meaning  thereof,  and  are  null  and  void,  and  no  law;  nor  bind- 
16 


126  [January, 

ing  upon  the  state  of  Soutii  Carolina,  its  oflicers  and  citizens;  and  all 
promises,  contracts  and  obligations  made  or  entered  into,  or  to  be  made 
or  entered  into,  with  purpose  to  secure  the  duties  imposed  by  the  said 
acts,  and  all  judicial  proceedings  which  shall  be  hereafter  had  in  affirm- 
ance thereof,  are  and  shall  be  held  utterly  null  and  void. 

It  also  ordains  ''that  it  shall  not  be  lawful  for  any  of  the  constituted 
authorities,  wfiether  of  the  state  of  South  Carolina,  or  of  the  United 
States,  to  enforce  the  payment  of  duties  imposed  by  the  said  acts  within 
the  limits  of  the  state:  but  that  it  shall  be  the  duty  of  the  legislature  to 
adopt  such  measures  and  pass  such  acts  as  may  be  necessary  to  give  full 
effect  to  this  ordinance,  and  to  prevent  the  enforcement  and  arrest  the 
operation  of  the  said  acts  and  parts  of  acts  of  the  congress  of  the  United 
States,  witliin  the  limits  of  the  state,  from  and  after  the  1st  of  February 
next;  and  that  itsiiall  be  the  duty  of  all  other  constituted  authorities,  and 
of  all  persons  residing  or  being  wnihin  the  limits  of  the  state,  and  they 
are  hereby  required  and  enjoined,  to  obey  and  give  effect  to  this  ordinance, 
and  such  acts  and  measures  of  the  legislature  as  may  be  passed  or  adopt- 
ed in  obedience  thereto  "  It  further  ordains,  "that  in  no  case  of  law 
or  equity,  decided  in  the  courts  of  the  state,  wherein  shall  be  drawn  in 
question  the  authority  of  this  ordinance,  or  the  validity  of  such  act  or 
acts  of  the  legislature  as  may  be  passed  for  the  purpose  of  giving  effect 
thereto,  or  the  validity  of  the  aforesaid  acts  of  congress,  imposing  duties, 
shall  any  appeal  be  taken  or  allowed  to  the  supreme  court  of  the  United 
States,  nor  shall  any  copy  of  the  record  be  permitted  or  allowed  for 
that  purpose;  and  the  person  or  persons  attempting  to  take  such  appeal, 
may  be  dealt  with  as  for  a  contempt  of  court." 

It  likewise  ordains,  "that  all  persons  holding  any  office  of  honor,  pro- 
fit or  trust,  civil  or  military,  under  the  state,  shall,  witliin  such  time,  and 
in  such  manner  as  the  legislature  shall  prescribe,  take  an  oath  w^ell  and 
truly  to  obey,  execute  and  enforce  this  ordinance,  and  such  act  or  acts 
of  the  legislature  as  may   be  passed  in   pursuance  thereof,   according  to 
the  true   intent  and  meaning  of  the  same;  and  on  the  neglect  or  omission 
of  any  such  person  or  persons  so  to   do,  his  or  their  office  or  offices 
shall  be  forthwith  vacated,  and  shall  be  filled  up  as  if  such  person  or  per- 
sons were  dead  or  had  resigned;  and  no  person  hereafter  elected  to  any 
office  of  honor,  profit  or  trust,  civil  or  military,  shall,  until  the  legislature 
shall  otherwise  provide  and  direct,  enter  on  tlie  execution  of  his  office, 
or  be  in  any  respect  competent  to  discharge  the  duties  thereof,  until  he 
shall,  in  like  manner,  have  taken  a  similar  oath:  and  no  juror  shall  be 
empannclled  in  any  of  the  courts  of  the  state,  in   any  cause  in  which 
shall  be  in   question    this  ordinance,  or  any  act  of  the  legislature  passed 
in  pursuance   thereof,  unless  he  shall  fiist,    in  addition  to  the  usual  oath, 
have  taken  an  oath  that  he  will  well  and  truly  obey,  execute  and  enforce 
this  ordinance,  and  such  act  or  acts  of  the  legislature  as  may  be  passed  to 
carry  the  same  into  operation  and  effect,  according  to  the  true  intent  and 
meaning  thereof." 

The  ordinance  concludes,  "and  we,  the  people  of  South  Carolina,  to 
the  end  that  it  may  be  fully  understood  by  the  government  of  the  United 
States  and  the  people  of  the  co-states,  that  w  c  are  determined  to  main- 


1833]  127 

tain  this  ordinance  and  declaration  at  every  hazard,  do  further  declare 
that  we  will  not  sabmii  to  the  application  of  force  on  the  part  of  the 
federal  government  to  reduce  this  state  to  obedience;  but  that  we  con- 
sider the  passage  by  congress,  of  any  act  authorising  the  employment  of 
a  military  or  naval  force  against  the  state  of  South  Carolina,  her  consti- 
tuted authorities  or  citizens;  or  any  act  abolishing  or  closing  the  ports  of 
this  state,  or  any  of  them,  or  otherwise  obstructing  the  free  ingress  and 
egress  of  vessels,  to  and  from  the  said  ports;  or  any  other  act  on  the 
part  of  the  federal  government  to  coerce  the  state,  shut  up  her  j)orts, 
destroy  or  harass  her  commerce,  or  to  enforce  the  acts  hereby  declared 
to  be  null  and  void,  otherwise  than  through  the  civil  tribunals  of  the  coun- 
try, as  inconsistent  with  the  longer  continuance  of  South  Carolina  in  the 
union:  and  that  the  people  of  this  state  will  henceforth  hold  themselves 
absolved  from  all  further  obligation  to  maintain  or  preserve  their  politi- 
cal connection  with  the  people  of  the  other  states,  and  will  forthwith 
proceed  to  organize  a  separate  government,  and  do  all  other  acts  and 
things  which  sovereign  and  independent  states  may  of  right  do." 

This  solemn  denunciation  of  the  laWs  and  authority  of  the  United 
States  has  been  followed  up  by  a  series  of  acts  on  the  part  of  the  autho- 
rities of  that  state  which  manifest  a  determination  to  render  inevitable  a 
resort  to  those  measures  of  self-defence  which  the  paramount  duty  of  the 
federal  government  requires,  but  upon  the  adoption  of  which  that  state 
will  proceed  to  execute  ihe  purpose  it  has.  avowed  in  this  ordinance  of 
withdrawing  from  the  union. 

On  the  27th  of  November  the  legislature  assembled  at  Columbia;  and, 
on  their  meeting,  the  governor  laid  before  them  the  ordinance  of  the  con- 
vention. In  his  message  on  tliat  occasion,  he  acquaints  them  that  "this 
ordinance  has  thus  become  a  part  of  the  fundamental  law  of  South  Caro- 
lina," that  "the  die  has  been  at  last  cast,  and  South  Carolina  lias  at  length 
appealed  to  her  ulterior  sovereignty  as  a  member  of  this  confederacy  and 
has  planted  herself  on  her  reserved  rights.  The  rightful  exercise  of  this 
power  is  not  a  question  which  we  shall  any  longer  argue.  It  is  sufficient 
that  she  has  willed  it,  and  that  the  act  is  done;  nor  is  ils  strict  compati- 
bility with  our  constitutional  obligation  to  all  laws  passed  by  the  general 
government,  within  the  authorised  grants  of  power,  to  be  drawn  m  ques- 
tion when  this  interposition  is  exerted  in  a  case  in  which  tlie  compact 
has  been  palpably,  deliberately  and  dangerously  violated.  That  it  brings 
up  a  conjuncture  of  deep  and  momentous  interest  is  neither  to  be  conceal- 
ed nor  denied.  The  crisis  presents  a  class  of  duties  which  is  referable 
to  yourselves.  You  have  been  commanded  by  the  people,  in  their  high- 
est sovereignty,  to  lake  care  that  within  the  limits  of  this  state  their  will 

shall  be  obeyed." 

"The  measure  of  legislation,"  he  says  "which  you  have  to  employ  at 
this  crisis  is  the  precise  am^.unt  of  such  enactments  as  may  be  necessary 
to  render  it  utterly  impossible  to  collect  within  our  limits  the  duties  im- 
posed  by  the  protective  tariffs  thus  nullified."  He  proceeds—"  1  hat  you 
should  arm  every  citizen  with  a  civil  process,  by  which  he  may  claim,  it 
he  pleases,  a  restitution  of  his  goods,  seized  under  the  existing  imposts, 
on  his  -iving  security  to  abide  the  issue  of  a  suit  at  law,  and  at  the  same 


128  [January, 

time  define  what  shall  constitute  treason  against  the  state,  and  by  a  bill  of 
pains  and  penalties  compel  obedience  and  punish  disobedience  to  your 
own  laws,  aie  points  too  obvious  to  require  any  discussion.  In  one  word, 
you  must  survey  the  whole  ground.  You  must  look  to  and  provide  for 
all  possible  contingencies.  In  your  own  limits  your  own  courts  of  judi- 
cature must  not  only  be  supreme,  but  you  must  look  to  the  ultimate  issue 
of  any  conflict  of  jurisdiction  and  power  between  them  and  the  courts 
of  the  United  States." 

The  governor  also  asks  for  power  to  grant  clearances — in  violation  of 
the  laws  of  the  union.  And,  to  prepare  for  the  alternative,  which  must 
happen  unless  the  United  States  shall  passively  surrender  their  authority 
and  the  executive  disregarding  oath,  and  refrain  from  executing  the  laws 
of  the  union,  he  recommends  a  thorough  revision  of  the  militia  system, 
and  that  the  governor  "be  authorised  to  accept  for  the  defence  of  Charles- 
ton and  its  dependencies  the  service  of  two  thousand  volunteers,  either 
by  companies  or  files,"  and  that  they  be  formed  into  a  legionary  brigade, 
consisting  of  infantry,  riflemen,  cavalry,  field  and  heavy  artillery;  and 
that  they  be  "armed  and  equipped  from  the  public  arsenals  completely  for 
the  field,  and  that  appropriations  be  made  for  supplying  all  deficiencies  in 
our  munitions  of  war."  In  addition  to  these  volunteer  drafts,  he  recom- 
mends that  the  governor  be  authorised  "to  accept  the  services  of  ten 
thousand  volunteers  from  the  other  divisions  of  the  state,  to  be  organized 
and  arranged  in  regiments  and  brigades, — the  officers  to  be  selected  by 
the  commander-in-chief,  and  that  this  whole  force  be  called  the  state 
guard.'''' 

A  request  has  been  regularly  made  of  the  secretary  of  state  of  South 
Carolina  for  authentic  copies  of  the  acts  which  have  been  passed  for  the 
purpose  of  enforcing  the  ordinance,  but  up  to  the  date  of  the  latest  advi- 
ces that  request  had  not  been  complied  with:  and  on  the  present  occasion, 
therefore,  reference  can  only  be  made  to  those  acts  as  published  in  the 
newspapers  of  the  state.  The  acts  to  which  it  is  deemed  proper  to  invite 
the  particular  attention  of  congress  are: 

1.  "An  act  to  carry  into  eftect  in  part  an  ordinance  to  nullify  certain 
acts  of  congress  of  the  United  States,  purporting  to  be  laws  laying  du- 
ties on  the  importation  of  foreign  commodities,  passed  in  convention  of 
this  state,  at  Columbia,  on  the  24th  November,  1832." 

This  act  provides  that  any  goods  seized  or  detained  under  pretence  of 
securing  the  duties  or,  for  the  non-payment  of  duties,  or  under  any  pro- 
cess, order,  or  decree,  or  other  pretext  contrary  to  the  intent  and  mean- 
ing of  the  ordinance  may  be  recovered  by  the  owner  or  consignee  by  an 
act  of  replevin;  that  in  case  of  refusing  to  deliver  them  or  removing  them, 
so  that  the  rejjlcvin  cannot  be  executed,  the  sherifl'may  seize  the  personal 
estate  of  the  otfender  to  double  the  amount  of  the  goods;  and  if  any  at- 
tempt shall  he  made  to  retake  or  seize  them,  it  is  the  duty  of  the  sheriff 
to  recapture  them,  and  that  any  person  who  shall  disobey  the  process,  or 
remove  the  goods,  and  any  one  who  shall  attempt  to  retake  or  seize  the 
goods  under  pretence  of  securing  the  duties,  or  for  non-payment  of  du- 
ties, or  under  any  process  or  decree  contrary  to  the  intent  of  the  ordi- 


1833.]  129 

nance,  shall  be  fined  and  imprisoned;  besides  being  liable  for  any  other 
offence  involved  in  the  act. 

It  also  provides  that  any  person  arrested  or  imprisoned,  on  any  judj;- 
ment  or  decree  obtained  in  any  federal  court  for  duties,  shall  be  entitled 
to  the  benefit  secured  by  the  habeas  corpus  act  of  the  state  in  cases  of 
unlawful  arrest,  and  may  maintain  an  action  for  damages;  and  tiiat  if  any 
estate  shall  be  sold  under  such  judgment  or  decree,  the  sale  shall  be  held 
illegal. 

It  also  provides  that  any  jailor  who  receives  a  person  committed  on  any 
process  or  other  judicial  proceedings  to  enforce  the  payment  of  duties, 
and  any  one  who  hires  his  house  as  a  jail  to  receive  such  person,  shall 
be  fined  and  imprisoned:  And,  finally,  it  provides  that  persons  paying  du- 
ties may  recover  them  back  with  interest. 

The  next  is  called  "an  act  to  provide  for  the  security  and  protection 
of  the  people  of  the  state  of  South  Carolina." 

This  act  provides  that  if  the  government  of  the  United  States,  or  any 
officer  thereof,  shall,  by  the  employment  of  naval  or  military  force,  at- 
tempt to  coerce  the  state  of  South  Carolina  into  submission  to  the 
acis  of  congress  declared  by  the  ordinance  null  and  void,  or  to  re- 
sist the  enforcement  of  the  ordinance,  or  of  the  laws  passed  in  pursuance 
thereof,  or  in  case  of  any  armed  or  forcible  resistance  thereto,  the  gov- 
ernor is  authorised  to  resist  the  same,  and  to  order  into  service  the  whole 
or  so  much  of  the  military  force  of  the  state  as  he  may  deem  necessary; 
and  that  in  case  of  any  overt  act  of  coercion  or  intention  to  commit  the 
the  same,  manifested  by  an  unusual  assem.blage  of  naval  or  military  forces 
in  or  near  the  state,  or  the  occurrence  of  any  circumstances  indicating 
that  armed  force  is  about  to  be  employed  against  the  state  or  in  resist- 
ance to  its  laws,  the  governor  is  authorised  to  accept  the  services  of  such 
volunteers,  and  call  into  service  such  portions  of  the  militia  as  may  be 
required  to  meet  the  emergency. 

The  act  also  provides  for  accepting  the  service  of  the  volunteers,  and 
organizing  the  militia,  embracing  all  free  white  males  between  the  ages 
of  16  and  60,  and  for  the  purchase  of  arms,  ordnance  and  ammunition. 
It  also  declares  that  the  power  conferred  on  the  governor  shall  be  ap- 
plicable to  all  cases  of  insurrection  or  invasion  or  imminent  danger  there- 
of, and  to  cases  where  the  laws  of  the  state  shall' be  opposed,  and  the  ex- 
ecution thereof  forcibly  resisted  by  combinations  too  powerful  to  be 
suppressed  by  the  power  vested  in  the  sheriffs  and  other  civil  officers; 
and  declares  it  to  be  the  duty  of  the  governor  in  every  such  case  to  call 
forth  such  portions  of  militia  and  volunteers  as  may  be  necessary  prompt- 
ly to  suppress  such  combinations,  and  cause  the  laws  of  the  state  to  be 
executed. 

3d.  Is  "an  act  concerning  the  oath  required  by  the  ordinance,  passed 
in  convention  at  Columbia,  the  24th  of  November,  1832."  . 

This  act  prescribes  the  form  of  the  oath, — which  is  to  obey  and  ex- 
ecute the  ordinance  and  all  acts  passed  by  the  legislature  in  pursuance 
thereof, — and  directs  the  time  and  manner  of  taking  it  by  the  officers  of 
the  state,  civil,  judicial  and  military. 

It  is   believed  that   other  acts  have  been  passed  embracing  provisions 


130  [January, 

for  enforcing   the  ordiiiancc,   uui  I   liave  not   yet   been  able   to  procure 
them. 

I  transmit,  liowever,  a  copy  of  gov.  Hamilton's  message  1o  llie  legis- 
lature of  boutli  Caiolnia — ot  governor  Hayne's  inaugural  address  to  the 
leijislaiure,  as  also  of  liis  pioclamation,  and  a  general  order  of  the  gover- 
nor and  commander-in-chief,  dated  the  20th  December,  giving  public 
notice  that  the  services  of  volunteers  will  be  accepted,  under  the  act 
already  referred  to. 

If  tliese  measuies  cannot  be  defeated  and  overcome  by  the  powers  con- 
ferred by  the  constitution  on  the  federal  government,  the  constitution 
must  be  considered  as  incompetent  to  its  ow^n  defence,  the  supremacy  of 
the  laws  is  at  an  end,  and  the  rights  and  liberties  of  the  citizens  can  no 
longer  receive  jirotection  from  the  government  of  the  union.  They  not 
only  abrogate  the  acts  of  congress,  commonly  called  the  tariff  acts  of 
ISiS  and  1832,  but  they  prostrate  and  sweep  away,  at  once,  and  without 
exception,  eveiy  act  and  every  part  of  every  act  imposing  any  amount 
whatever  of  duty  on  any  foreign  merchandise,  and,  virtually,  every  exist- 
ing act  which  has  ever  been  passed  authorising  the  collection  of  the 
revenue,  including  the  act  of  IttlG,  and  also  the  collection  law  of  1799, 
the  constitutionality  of  which  lias  never  been  questioned.  It  is  not  only 
those  duties  which  are  charged  to  have  been  imposed  for  the  protection 
of  manufactures  that  are  hereby  repealed,  but  all  others,  though  la[d  for 
the  puj-pose  of  revenue  merely,  and  upon  articles  in  no  degree  suspected 
of  being  objects  of  protection. 

The  whole  revenue  system  of  tlie  United  States  in  South  Carolina  is 
obstiucted  and  overthrown;  and  the  government  is  absolutely  prohibited 
from  collecting  any  part  of  the  public  revenue  within  the  limits  of  that 
state.  Henceforth  not  only  the  citizens  of  South  Carolina  and  of  the 
United  Stales,  but  the  subjects  of  foreign  states  may  import  any  des- 
cription or  quantity  of  merciiandise  into  the  ports  of  South  Carolina, 
without  the  payment  of  any  duty  whatsoever.  That  state  is  thus  relieved 
from  the  payment  of  any  pait  of  the  public  burthens;  and  duties  and  im- 
posts are  not  only  rendered  not  uniform  throughout  the  Uniled  States, 
but  a  direct  and  ruinous  preference  is  given  to  the  ports  of  that  state  over 
those  of  all  the  other  states  of  the  union,  in  manifest  violation  of  the 
positive  provisions  of  the  constitution. 

In  point  of  duration,  also,  those  aggressions  upon  the  authority  of  con- 
gress, which,  by  the  ordinance  are  made  partol"  the  fundamental  law  of 
South  Carolina,  are  absolute,  indefinite,  and  without  limitation.  'J  hey 
neither  prescribe  the  period  when  they  shall  cease,  nor  indicate  any 
conditions  upon  which  those  who  have  thus  undertaken  to  arrest  the  op- 
eration of  the  laws,  are  to  retrace  their  steps,  and  rescind  their  measures. 
They  oiler  to  the  United  States  no  alternative  but  unconditional  sub- 
mission. If  the  scope  of  the  ordinance  is  to  be  received  as  the  scale  of 
concession,  their  demands  can  be  satisfied  only  by  a  repeal  of  the  whole 
system  of  the  revenue  laws,  and  by  abstaining  from  the  collection  of  any 
duties  and  imj)0&ts  whatsoever. 

It  is  true,  tliat  in  the  address  to  the  people  of  the  United  States,  by 
the  convention  of  South  Carolina,  after  announcing  the  fixed  and  final  de- 


1833.]  131 

termination  of  the  state,  in  relation  to  the  protecting  system,  they  say, 
that  '4t  remains  lor  us  to  submit  a  phm  of  taxation  in  whicli  we  would 
be  wiilinjj  to  acquiesce,  in  a  liberal  spirit  of  concession,  provided  we  are 
met  in  due  time  and  in  a  becoming  spirit  by  the  states  interested  in  man- 
ufactures." In  tbe  opinion  of  the  convention,  an  equitable  plan  would  be, 
that  "the  w^hole  list  of  protected  articles  sliould  be  imported  free  of  all 
duty,  and  that  the  revenue  derived  from  import  duties  should  be  raised 
exclusively  from  the  unprotected  articles,  or  that  wlienever  a  duty  is  im- 
posed upon  protected  articles  imported,  an  excise  duty  of  the  same  rate 
shall  be  imposed  upon  all  similar  articles  manufactured  in  the  United 
States."  The  address  proceeds  to  state,  however,  that  they  "are  willing 
to  make  a  large  offering  to  preserve  the  union,  and  with  a  distinct  dec- 
laration that  as  a  concession  on  our  part,  we  wmII  consent  that  the  same 
rates  of  duty  may  be  imposed  upon  the  protected  articles  that  shall  be 
imposed  upon  the  unprotected,  provided  that  no  more  revenue  be  raised 
than  is  necessary  to  meet  the  demands  of  government  for  constitutional 
purposes,  and  provided  also  that  a  duty  substantially  uniform  be  imposed 
upon  all  foreign  imports." 

It  is  also  true  that  in  his  message  to  the  legislatui  hen  urging  the 
necessity  of  providing  "means  of  securing  their  safety  by  ample  re- 
sources for  repelling  force  by  force,"  the  governor  of  South  Carolina 
observed  that  he  "cannot  but  think  that  on  a  calm  and  dispassionate  re- 
view by  congress  and  the  functionaries  of  the  general  government,  of  the 
true  merits  of  this  controversy,  the  arbitration  by  a  call  of  a  convention 
of  all  the  states,  which  we  sincerely  and  anxiously  seek  and  desire,  will 
be  accorded  to  us." 

From  the  diversity  of  the  term  indicated  in  these  two  important 
documents,  taken  in  connection  with  the  progress  of  recent  events  in  that 
quarter,  there  is  too  much  reason  to  apprehend,  without  in  any  manner 
doubting  the  intentions  of  those  public  functionaries,  that  neither  the 
terms  proposed  in  the  address  of  the  convention,  nor  those  aliuded  to  in 
the  message  of  the  governor,  would  appease  the  excitement  wliich  had 
led  to  the  present  excesses.  It  is  obvious  however,  that  should  the  lat- 
ter be  insisted  on,  they  present  an  alternative  which  tlie  general  govern- 
ment, of  itself,  can  by  no  possibility  grant;  since,  by  an  express  provision 
of  the  constitution,  congress  can  call  a  convention  for  the  purpose  of 
proposing  amendments,  only  "on  the  application  of  the  legislatures  of 
two-thirds  of  the  states."  And  it  is  not  perceived  that  the  terms  presen- 
ted in  the  address  are  more  practicable  than  those  referred  to  in  the 
message. 

It  will  not  escape  attention  that  the  conditions  on  w^hich  it  is  said  in 
the  address  of  the  convention  they  "would  be  willing  to  acquiesce,"  form 
no  part  of  the  ordinance.  While  this  ordinance  bears  all  the 
solemnity  of  a  fundamental  law,  is  to  be  authoritative  upon  all 
within  the  limits  of  South  Carolina,  and  is  absolute  and  unconditional  in 
its  terms,  the  address  conveys  only  the  sentiments  of  the  convention,  in 
no  binding  or  practical  form.  One  is  the  act  of  the  state;  the  other  only 
the  expression  of  the  opinions  of  the  members  of  the*convention.  To 
limit  the  effect  of  that  solemn  act,  by  any   terms  or  conditions  whatever, 


132  .  [January, 

they  should  have  been  embodied  in  it  and  made  of  import  no  less  author- 
itative than  the  act  itself.  By  the  positive  enactments  of  the  ordinance, 
the  execution  of  the  laws  of  the  union  is  absolutely  prohibited,  and  the 
address  oilers  no  other  prospect  of  their  being  again  restored,  even  in  the 
modified  form  proposed,  than  what  depends  upon  the  improbable  contin- 
gency, that  amid  changing  events  and  increasing  excitement  the  senti- 
ment's of  the  present  members  of  the  convention  and  of  their  successors 
will  remain  the  same. 

It  is  to  be  regretted,  however,  that  these  conditions,  even  if  they  had 
been  offered  in  the  same  binding  lorm,  are  so  undefined,  depend  upon  so 
many  contingencies,  are  so  directly  opposed  to  the  known  opinions  and 
mlerests  of  the  great  body  ot  the  American  people,  as  to  be  almost  hope- 
less of  attainment.  The  majority  of  the  states  and  of  the  people  will 
certainly  not  consent  that  the  protecting  duties  shall  be  wholly  abroga- 
ted, never  to  be  re-enacted  at  any  future  time  or  in  any  possible  contin- 
gency. As  little  practicable  is  it  to  provide  that  the  "same  rate  of  duty 
shall  be  imposed  upon  the  protected  articles  that  shall  be  imposed  upon 
the  unprotected,"  wh.ich,  moreover,  would  be  severely  oppressive  to  the 
poor,  and  in  lime  of  war,  would  add  greatly  to  its  rigors.  And,  though 
there  can  be  no  objection  to  the  principle,  properly  understood,  that  no 
more  revenue  shall  be  raised  tlian  is  necessary  for  the  constituiional  pur- 
poses of  the  government — which  principle  has  been  already  recommend- 
ed by  the  executive  as  the  true  basis  of  taxation — yet  it  is  very  certain 
that  Soutii  Carolina  alone  cannot  be  permitted  to  decide  what  those  con- 
stitutional purposes  are. 

The  period  which  constitutes  the  due  time  in  which  the  terms  propo- 
sed in  the  address  are  to  be  accepted,  would  seem  to  present  scarcely 
less  didiculty  than  the  terms  themselves.  Though  the  revenue  laws  are 
already  declared  to  be  void  in  South  Carolina,  as  well  as  the  bonds  taken 
under  them,  and  the  judicial  proceedings  for  carrying  them  into  effect, 
yet,  as  the  lull  action  and  operation  of  the  ordinance  ai'e  to  be  suspended 
until  the  first  of  February,  the  interval  may  be  assumed  as  the  time  with- 
in which  it  is  expected  that  the  most  complicated  portion  of  the  national 
legislation,  a  system  of  long  standing  and  all'ecting  great  interests  in  the 
community,  is  to  be  rescinded  and  abolished.  If  this  be  required,  it  is 
clear  thai  a  compliance  is  impossible. 

In  the  uncertainty,  then,  which  exists  as  to  the  duration  of  the  ordi- 
nance and  of  the  enactments  for  enforcing  it,  it  becomes  imperiously  the 
duty  of  the  executive  of  the  United  States,  acting  with  a  proper  regard 
to  all  the  great  intei-esls  committed  to  his  cai-e,  to  treat  those  acts  as  aD- 
solute  and  unlimited.  They  are  so,  as  far  as  his  agency  is  concerned. 
He  cannot  either  embrace  or  lead  to  the  peilbrmance  of  the  conditions. 
He  has  already  discharged  the  only  part  in  his  power,  by  the  recommen- 
dation in  his  annual  message.  The  rest  is  with  congress  and  the  people. 
Ajid,  until  they  have  acted,  his  duty  will  require  him  to  look  to  the  ex- 
isting state  of  things,  and  act  under  them  according  to  his  high  obli- 
gations. 

By  these  varictis  pioceedings,  therefore,  the  s'ate  of  South  Carolina 
has  forced  the  general  govei-nment,  unavoidably,  to   decide  the  new  and 


1833.]  133 

dangerous  alternative  of  permitting  a  state  to  obstruct  the  execution  of 
the  laws  within  its  limits,  or  seeing  it  attempt  to  execute  a  threat  of  with- 
drawing from  the  union.  That  portion  of  the  people  at  present  exercis- 
ing the  authority  of  the  state  solemnly  assert  their  right  to  do  either,  and 
as  solemnly  announce  -.heir  determination  to  do  one  or  the  other. 

In  my  opinion  both  purposes  are  to  be  regarded  as  revolutionary  in 
their  cliaracter  and  tendency,  and  subversive  of  the  supremacy  of  the 
laws  and  of  the  integrity  of  the  union.  .  The  result  of  each  is  the  same; 
since  a  state  in  which,  by  an  usurpation  of  power,  the  constitutional  au- 
thority of  the  federal  government  is  openly  defied  and  set  aside,  wants 
only  the  form,  to  be  independent  of  the  union. 

The  right  of  the  people  of  a  single  state  to  absolve  themselves  at  will, 
and  without  the  consent  of  the  other  states,  from  their  most  solemn  ob- 
ligations, and  hazard  the  liberties  and  happiness  of  tiie  millions  compos- 
ing this  union,  cannot  be  acknowledged.  Such  authority  is  believed  to 
be  utterly  repugnant  both  to  the  principles  upon  which  the  general  go- 
vernment is  constituted  and  to  the  objects  which  it  was  expressly  formed 
to  attain. 

Against  all  acts  which  may  be  alleged  to  transcend  tlie  constitutional 
power  of  the  government,  or  which  may  be  inconvenient  or  oppressive  in 
their  operation,  the  constitution  itself  has  prescribed  the  modes  of  redress. 
It  is  the  acknowledged  attribute  of  free  institutions  that,  under  them,  the 
empire  of  reason  and  law  is  substituted  for  the  power  of  the  sword.  To 
no  other  source  can  appeals  for  supposed  wrongs  be  made  consistently 
with  the  obligations  of  South  Carolina;  to  no  other  can  such  appeals  be 
made  with  safety  at  any  time,  and  to  their  decisions,  when  constitution- 
ally pronounced,  it  becomes  the  duty  no  less  of  the  public  authoiities 
than  of  the  people,  in  every  case,  to  yield  a  patriotic  submission. 

That  a  state,  or  any  other  great  portion  of  the  people,  suffering  un- 
der long  and  intolerable  oppression,  and  having  tried  all  constitutional 
remedies  without  the  hope  of  redress,  may  have  a  natural  right,  when 
their  happiness  can  be  no  otherwise  secured,  and  when  they  can  do  so 
without  greater  injury  to  others,  to  absolve  themselves  fiom  their  obliga- 
tions to  the  government  and  appeal  to  the  last  resort,  need  not,  on  the 
present  occasion,  be  denied. 

The  existence  of  this  right,  however,  must  depend  upon  the  causes 
which  may  justify  its  exercise.  It  is  the  ultima  ratio,  which  presuppo- 
ses that  the  proper  appeals  to  all  other  means  of  redress  have  been  made 
in  good  faith,  and  which  can  never  be  rightfully  resorted  to,  unless  it  be 
unavoidable.  It  is  not  the  right  of  the  state,  but  of  the  individual,  and 
of  all  the  individuals  in  the  state.  It  is  the  right  of  mankind,  generally, 
to  secure,  by  all  means  in  their  power,  the  blessings  of  liberty  and  hap- 
piness;  but  when,  for  these  purposes,  any  body  of  men  have  voluntarily 
associated  themselves  under  a  particular  form  of  government,  no  portion 
of  them  can  dissolve  the  association  without  acknowledging  the  correla- 
tive right  in  the  remainder  to  decide  whether  that  dissolution  can  be  per- 
mitted, consistently  with  the  general  happiness.  In  this  view,  it  is  aright 
dependent  upon  the  power  to  enforce  it, 
17 


1S4  [January, 

Sach  a  right,  though  it  may  be  admitted  to  pre-exist,  and  cannot  be 
wholly  surrendered,  is  necessarily  subjected  to  limitations  in  all  free  go- 
vernments, and  in  compacts. of  all  kinds  freely  and  voluntarily  entered 
into,  and  in  which  the  interest  and  welfare  of  the  individual  become 
identified  with  those  of  the  community  of  which  he  is  a  member.  In 
compacts  between  individuals,  however  deeply  they  may  affect  their  re- 
lations, these  principles  are  acknowledged  to  create  a  sacred  obligation; 
and  in  compacts  of  civil  governments,  involving  the  liberty  and  happi- 
ness of  millions  of  mankind,  the  obligation  cannot  be  less. 

Without  adverting  to  the  particular  theories  to  which  the  federal  com- 
pact has  given  rise — both  as  to  its  formation  and  the  parties  to  it, — and 
without  inquiring  whether  it  be  merely  federal,  or  social,  or  national,  it 
is  sufficient  that  it  must  be  admitted  to  be  a  compact,  and  to  possess  the 
obligations  incident  to  a  compact;  to  be  "a  compact  by  which  powder  is 
created  on  the  one  hand,  and  obedience  exacted  on  the  other;  a  compact 
freely,  voluntarily,  and  solemnly  entered  into  by  the  several  states,  and 
ratified  by  the  people  thereof  respectively;  a  compact  by  which  the  sev- 
eral states  and  the  people  thereof  respectively  have  bound  themselves  to 
each  other  and  to  the  federal  government,  and  by  which  the  federal  go- 
vernment is  bound  to  the  several  states  and  to  every -citizen  of  the  Unit- 
ed States."  To  this  compact,  in  whatever  mode  it  may  have  been  done, — 
the  people  of  South  Carolina  have  freely  and  voluntarily  given  their  as- 
sent; and  to  the  whole  and  every  part  of  it  they  are,  upon  every  princi- 
ple of  good  faith,  inviolably  bound.  Under  this  obligation  they  are 
bound,  and  should  be  required  to  contribute  their  portion  of  the  public 
expense,  and  to  submit  to  all  laws  made  by  the  common  consent,  in  pur- 
suance of  the  constitution,  for  the  common  defence  and  general  welfare, 
until  they  can  be  changed  in  the  mode  which  the  compact  has  provided 
lor  the  attainment  of  those  great  ends  of  the  government  and  of  the  union. 
Nothing  less  than  causes  which  w^ould  justify  revolutionary  remedy  can 
absolve  the  people  from  this  obligation;  and  for  nothing  less  can  the  go- 
vernment permit  it  to  be  done  without  violating  its  own  obligations,  by 
which,  under  the  compact,  it  is  bound  to  the  other  states,  and  to  every 
citizen  of  the  United  States. 

These  deductions  plainly  flow  from  the  nature  of  the  federal  compact, 
which  is  one  of  limitations,  not  only  upon  the  powers  originally  pos- 
sessed by  the  parties  thereto,  but  also  upon  those  conferred  on  the  govern- 
ment and  every  department  thereof  It  will  be  freely  conceded,  that  by 
the  principles  of  our  system,  all  power  is  vested  in  the  people;  but  to  be 
exercised  in  the  mode,  and  subject  to  the  checks  which  the  people  them- 
selves have  prescribed.  These  checks  are,  undoubtedly,  only  different 
modifications  of  the  same  great  popular  principle  which  lies  at  the 
foundation  of  the  whole,  but  are  not,  on  that  account,  to  be  less  regarded 
or  less  obligatory. 

Upon  the  power  of  congress,  the  veto  of  the  Executive,  and  the  au- 
thority of  the  judiciary  which  is  'Mo  extend  to  all  cases  in  law  and  equity 
arising  under  the  constitution  and  the  laws  of  the  United  States  made  in 
pursuance  thereof,"  are  the  obvious  checks;  and  the  sound  action  of  public 


1833.]  135 

opinion,  with  the  ultimate  power  of  amendment,  are  the  salutary  and  only 
limitations  upon  the  powers  of  the  whole. 

However  it  may  be  alleged,  that  a  violation  of  the  compact  by  the 
measures  of  the  government  can  affect  the  obligations  of  the  parties,  it 
cannot  even  be  pretended  that  such  violation  can  be  predicated  of  those 
measures  until  all  the  constitutional  remedies  shall  have  been  fully  tried. 
If  the  federal  government  exercise  powers  not  warranted  by  the  constitu- 
tion and  immediately  atfecting  individuals,  it  will  scarcely  be  denied  that 
the  proper  remedy  is  a  recourse  to  the  judiciary.  Such  undoubtedly  is 
the  remedy  for  those  who  deem  the  acts  of  congress  laying  duties  on 
imports  and  providing  for  their  collection  to  be  unconstitutional.  The 
whole  operation  of  such  laws  is  upon  the  individuals  importing  the  mer- 
chandise: a  state  is  absolutely  prohibited  from  laying  imposts  or  duties 
on  imports  or  exports,  without  the  consent  of  congress,  and  cannot  be- 
come a  party  under  tliose  laws  without  importing  in  her  own  name,  or 
wrongfully  interposing  her  authority  against  them.  By  thus  interposing, 
however,  she  cannot  rightfully  obstruct  the  operation  of  the  laws  upon 
individuals.  For  their  disobedience  to,  or  violation  of,  the  laws,  the  or- 
dinary remedies^through  the  judicial  tribunals  would  remain.  And,  in  a 
case  where  an  individual  should  be  prosecuted  for  any  offence  against  the 
laws,  he  could  not  set  up,  in  justification  of  his  act,  a  law  of  a  state  which 
being  unconstitutional,  would  therefore  be  regarded  as  null  and  void. 

The  law  of  a  state  cannot  authorise  the  commission  of  a  crime  against 
the  United  States,  or  any  other  act  whidi,  according  to  the  supreme  law 
of  the  union,  would  be  otherwise  unlawful.  And  it  is  equally  clear,  that, 
if  there  be  any  case  in  which  a  state,  as  such,  is  affected  by  the  law  be- 
yond the  scope  of  judicial  power,  the  remedy  consists  in  appeals  to  the 
people,  either  to  eft'ect  a  change  in  the  representation  or  to  procure  relief 
by  an  amendment  of  the  constitution.  But  the  measures  of  the  govern- 
ment are  to  be  recognised  as  valid,  and  consequently  supreme,  until  these 
remedies  shall  have  been  effectually  tried:  and  any  attempt  to  subvert 
those  measures  or  to  render  the  laws  subordinate  to  state  authority,  and 
afterwards  to  resort  to  constitutional  redress,  is  worse  than  evasive.  It 
would  not  be  a  proper  resistance  to  "ot  government  of  unlimited  powers^^"* 
as  has  been  sometimes  pretended, — but  unlawful  opposition  to  the  very  li- 
mitations on  which  the  harmonious  action  of  the  government  and  all  its 
parts  absolutely  depends.  South  Carolina  has  appealed  to  none  of  these 
remedies,  but,  in  effect,  has  defied  them  all.  While  threatening  to  sep- 
arate from  the  union,  if  any  attempt  be  made  to  enforce  the  revenue  laws 
otherwise  than  through  the  civil  tribunals  of  the  country,  she  has  not 
only  not  appealed  in  her  own  name  to  those  tribunals  which  ihe  constitu- 
tion has  provided  for  all  cases  in  law  or  equity  arising  under  the  constitu- 
tion and  laws  of  the  United  States,  but  has  endeavored  to  frustrate  their 
proper  action  on  her  citizens  by  drawing  the  cognizance  of  cases  under  the 
revenue  laws  to  her  own  tribunals,  specially  prepared  and  fitted  for  the 
purpose  of  enforcing  the  acts  passed  by  the  state  to  obstruct  those  laws;  and 
both  the  judges  and  jurors  of  which  will  be  bound  by  the  import  of  oatha 
previously  taken  to  treat  the  constitution  and  laws  of  the  United  States 
in  this  respect  as  a  nullity.     Noi'  has  the  state  made  the  proper  appeal  lo 


136  [January, 

public  opinion  and  to  ihe  remedy  of  amendment.  For  without  waiting 
to  learn  whether  the  other  stales  will  consent  to  a  convention,  or  if  they 
do,  will  construe  or  amend  the  constitution  to  suit  her  views,  she  has  of 
her  own  authority  altered  the  import  of  that  instrument  and  given  imme- 
diate effect  to  the  change.  In  fine,  she  has  set  her  own  will  and  authori- 
ty above  the  laws,  has  made  herself  arbiter  in  her  own  cause,  and  has 
passed  at  once  over  all  intermediate  steps  to  measures  of  avowed  resist- 
ance, which,  unless  they  be  submitted  to,  can  be  enforced  only  by  the 
sword. 

In  deciding  upon  the  course  which  a  high  sense  of  duty  to  all  the  peo- 
ple of  the  United  Skates  imposes  upon  the  authorities  of  the  union,  in 
this  emergency,  it  cannot  be  overlooked  that  there  is  no  sufficient  cause 
for  the  acts  of  South  Carolina,  or  for  her  thus  placing  in  jeopardy  the 
happiness  ol  so  many  millions  of  people.  Misrule  and  oppression,  to 
warrant  the  disruption  of  the  free  institutions  of  the  union  of  these  states 
should  be  great  and  lasting — defying  all  other  remedy.  For  causes  of 
minor  character,  the  government  could  not  submit  to  such  a  catastrophe, 
without  a  violation  of  its  most  sacred  obligations  to  the  other  states  of  the 
union,  who  have  submitted  their  destiny  to  its  hands. 

Tliere  is,  in  the  present  instance,  no  such  cause  either  in  the  degree 
of  misrule  or  oppression  complained  of^  or  in  the  hopelessness  of  redress 
by  constitutional  means.  The  long  sanction  they  have  received  from  the 
proper  authorities  and  from  the  people,  not  less  than  the  unexampled 
growth  and  increasing  prosperity  of  so  many  millions  of  freemen,  attest 
that  no  such  oppression  as  would  justify  or  even  palliate  such  a  resort, 
can  be  justly  imputed  either  to  the  present  policy  or  past  measures  of  the 
federal  government.  The  same  mode  of  collecting  duties  and  for  the 
same  general  objects,  which  began  with  the  foundation  of  the  govern- 
ment, and  which  has  conducted  the  country  through  its  subsequent  steps 
to  its  present  enviable  condition  of  happiness  and  renownj  has  not  been 
changed.  Taxation  and  representation — the  great  principles  of  the  Ameri- 
can revolution — have  continually  gone  hand  in  hand;  and  at  all  times  and 
in  every  instance,  no  tax  of  any  kind  has  been  imposed  without  their  par- 
ticipation— and  in  some  instances  which  have  been  complained  of,  vs^ith 
the  express  assent  of  a  part  of  the  representatives  of  South  Carolina  in  the 
councils  of  the  government.  Up  to  the  present  period,  no  revenue  has  been 
raised  beyond  the  necessary  wants  of  the  country,  and  the  authorised  ex- 
penditures of  the  government.  And  as  soon  as  the  burthen  of  the  pub- 
lic debt  is  removed,  those  charged  with  tiie  administration  have  prompt- 
ly recommended  a  corresponding  reduction  of  revenue. 

That  this  system,  thus  pursued,  has  resulted  in  no  such  oppression 
upon  South  Carolina,  needs  no  other  proof  than  the  solemn  and  official 
declaration  of  the  late  chief  magistrate  of  tliat  state,  in  his  address  to  the 
legislature.  In  that  he  says  that  "occurrences  of  the  past  year,  in  con- 
nection with  our  domestic  concerns,  are  to  be  reviewed  with  a  sentiment 
of  fervent  gratitude  to  the  Great  Disposer  of  human  events;  that  tributes  of 
grateful  acknowledgments  are  due  for  the  various  and  multiplied  blessings 
he  has  been  pleased  to  bestow  on  our  people;  that  abundant  harvests  in 
every  quarter  of  the  state  have  crowned  the  exertions  of  agricultural  la- 


1836.]  137 

bor,  that  health,  almost  beyond  former  precedent,  has  blessed  our  homes* 
and  that  there  is  not  less  reason  for  thankfulness  in  surveying  our  social 
condition,"  it  would,  indeed,  be  difficult  to  imagine  oppression,  where,  in 
the  social  condition  of  a  people  there  was  equal  cfluse  of  thankfulness  as 
for  abundant  harvests  and  various  and  multiplied  blessings  with  which  a 
kind  Providence  had  favored  them. 

Independently  of  these  considerations,  it  will  not  escape  observation, 
that  South  Carolina  still  claims  to  be  a  component  part  of  the  union,  and 
to  participate  in  the  national  councils,  and  to  share  in  the  public  benefits 
without  contributing  to  the  public  burthens;  thus  asserting  the  dangerous 
anomaly  of  continuing  in  an  association  without  acknowledging  any  other 
obligation  to  its  laws  than  what  depends  upon  her  own  will. 

In  this  posture  of  affairs,  the  duty  of  the  government  seems  to  be 
plain: — it  inculcates  a  recognition  of  that  slate  as  a  member  of  the  union 
and  subject  to  its  authority;  a  vindication  of  the  just  power  of  the  con- 
stitution; the  preservation  of  the  integrity  of  the  union;  and  the  execution 
of  the  laws  by  all  constitutional  means. 

The  constitution,  which  his  oath  of  office  obliges  him  to  support,  de- 
clares that  the  executive  '-'•shall  take  care  that  the  laws  be  JailhfuHy  ex- 
ecuted^'^  and  in  providing  that  he  shall,  from  time  to  time,  give  to  congress 
information  of  the  state  of  the  union,  and  recommend  to  their  consideration 
Such  measures  as  he  shall  judge  necessary  and  expedient,  imposes  the  ad- 
ditional obligation  of  recommending  to  congress  such  more  efficient  pro- 
vision for  executing  the  laws  as  may  irom  tmie  to  time  be  found  requisite. 

The  same  instrument  confers  on  congress  the  power  not  merely  to  lay 
and  collect  taxes,  duties,  imposts  and  excises;  to  pay  the  debts  and  pro- 
vide for  the  common  defence  and  general  welfare;  but  "to  make  all  laws 
which  shall  be  necessary  and  proper  for  carrying  into  effect  the  forego- 
ing powers,  and  all  other  powers  vested  by  the  constitution  in  the  gov- 
ernment of  the  United  States,  or  in  any  department  or  office  thereof;" 
and  also  to  provide  for  calling  forth  the  militia  tor  executing  the  laws  of 
the  union.  In  all  cases  similar  to  the  present,  the  duties  of  the  govern- 
ment become  the  measure  of  its  powers;  and  whenever  it  fails  to  exert 
a  power  necessary  and  proper  to  the  discharge  of  the  duty  prescribed  by 
the  constitution,  it  violates  the  public  trust  not  less  than  it  would  in  tran- 
scending its  proper  limits.  To  refrain,  therefore,  from  the  high  and 
solemn  duties  thus  enjoined, — however  painful  the  performance  may  be, — 
and  thereby  tacitly  permit  the  rightful  authority  of  the  government  to  be 
contemned  and  its  laws  obstructed  by  a  single  state,  would  neither  com- 
port with  its  own  safety  nor  the  rights  of  the  great  body  of  the  American 
people. 

It  being  thus  shown  to  be  the  duty  of  the  Executive  to  execute  the  laws, 
by  all  constitutional  means,  it  remains  to  consider  the  extent  of  those 
already  at  his  disposal,  and  what  it  may  be  proper  further  to  provide. 

In  the  instructions  of  the  Secretary  of  the  Treasury  to  the  collectors 
in  South  Carolina,  the  provisions  and  regulations  made  by  the  act  of  1799, 
and  also  the  fines,  penalties  and  forfeitures  for  their  enforcement,  are  par- 
ticularly detailed  and  explained.  It  may  be  well  apprehended,  however, 
that  these  provisions  may  prove  inadequate  to  meet  such  an  open,  power- 


138  [January, 

ful,  organized  opposition,  as  is  to  be  commenced  after  the  1st  of  February- 
next. 

Subsequently  to  the  date  of  those  instructions  and  to  tlie  passage  of  the 
ordinance,  information  has  been  received  from  sources  entitled  to  be  re- 
lied on,  that  owing  to  the  popular  excitement  in  the  state,  and  the  effect 
of  the  ordinance,  declaring  the  execution  of  ihe  revenue  laws  unlawful, 
a  sufficient  number  of  persons  in  whom  confidence  might  be  placed, 
could  not  be  induced  to  accept  the  ofiice  of  inspectors,  to  oppose  with 
any  probability  of  success,  the  force  which  will,  no  doubt,  be  used  when 
an  attempt  is  made  to  remove  vessels  and  their  cargoes  from  the  custody  of 
the  officers  of  the  customs,  and  indeed  that  it  would  be  impracticable  for 
the  collector,  with  the  aid  of  any  number  of  inspectors  w4iom  he  may  be 
authorised  to  employ,  to  preserve  the  custody  against  such  an  attempt. 

The  removal  of  the  custom  house  from  Charleston  to  castle  Pinckney, 
was  deemed  a  measure  of  necessary  precaution;  and  though  the  authority 
to  give  that  direction  is  not  questioned,  it  is  nevertheless  apparent,  that  a 
similar  precaution  cannot  be  observed,  in  regard  to  the  ports  of  George- 
town and  Beaufort,  each  of  which,  under  the  present  laws,  remains  a 
port  of  entry,  and  exposed  to  the  obstructions  meditated  in  that  quarter. 

In  considering  the  best  means  of  avoiding  or  of  preventing  the  appre- 
hended obstruction  to  the  collection  of  the  revenue,  and  the  conseqences 
which  may  ensue,  it  would  appear  to  be  proper  and  necessary  to  enable 
the  officers  of  the  customs  to  preserve  the  custody  of  vessels  and  their 
cargoes,  which,  by  the  existing  laws  they  are  required  to  take,  until  the 
duties  to  which  they  are  liable,  shall  be  paid  or  secured.  The  mode  by 
which  it  is  contemplated  to  deprive  them  of  that  custody  is  the  process 
of  replevin  and  that  of  capias  in  withernam^  in  the  nature  of  a  distress 
from  the  state  tribunals  organized  by  the  ordinance. 

Against  the  proceeding  in  the  nature  of  a  distress,  it  is  not  perceived 
that  the  collector  can  interpose  any  resistance  whatever,  and  against  the 
process  of  replevin  authorised  by  the  law  of  the  state,  he,  having  no 
common  law  power,  can  only  oppose  such  inspectors  as  he  is  by  statute 
authorised,  and  may  find  it  practicable,  to  employ,  and  these,  from  the  in- 
formation already  adverted  to,  are  shewn  to  be  wholly  inadequate.  The 
respect,  which  that  process  deserves  must  therefore  be  considered. 

If  the  authorities  of  South  Carolina  had  not  obstructed  the  legitimate 
action  of  the  courts  of  the  United  States,  or  if  they  had  permitted  the 
state  tribunals  to  administer  the  law  according  to  their  oath  under  the 
constitution  and  the  regulations  of  the  law^s  of  the  union,  the  general 
government  might  have  been  content  to  look  to  them  for  maintaining  the 
custody,  and  to  encounter  the  other  inconveniences  arising  out  of  the  re- 
cent proceedings.  Even  in  that  case,  however,  the  process  of  replevin 
from  the  courts  of  the  state  would  be  irregular  and  unauthorised.  It  has 
been  decided  by  the  supreme  court  of  the  U.  States,  that  the  courts  of 
the  United  States  have  exclusive  jurisdiction  of  all  seizures  made  on  land 
or  water  for  a  breach  of  the  laws  of  the  United  States;  and  any  inter- 
vention of  a  state  authority,  which,  by  taking  the  thing  seized,  out  of  the 
hands  of  the  United  States  officer,  might  obstruct  the  exercise  of  this 
jurisdiction,  is  unlawful:  thai  in  such  case  the  court  of  the  United  States 


1833.]  1S9 

having  cognizance  of  the  seizure,  may  enforce  a  re-delivery  of  the  thing 
by  attachment  or  other  summary  piocess;  that  the  question  under  such 
a  seizure,  whether  a  forfeiture  has  been  actually  incurred,  belongs  ez- 
clusively  to  the  courts  of  the  United  States,  and  it  depends  Pon  the  final 
decree  whether  the  seizure  is  to  be  deemed  rio-htful  or  tortuous;  and  that 
not  until  the  seizure  be  finally  judged  wrongful  and  without  probable 
cause  by  the  courts  of  the  United  States,  can  the  party  proceed  at  com- 
mon law  for  damages  in  the  state  courts. 

But  by  making  it  "unlawful  for  any  of  the  constituted  authorities, 
whether  of  the  United  States  or  of  the  state,  to  enforce  the  laws  for  the 
payment  of  duties,  and  declaring  that  all  judicial  proceedings  which  shall 
be  hereafter  had  in  affirmance  of  contracts  made  with  purpose  to  secure 
the  duties  imposed  by  the  said  acts,  are  and  shall  be  held  utterly  null  and 
void,"  she  has  in  effect  abrogated  the  judicial  tribunals  within  her  limits 
in  this  respect — has  virtually  denied  the  United  States  access  to  the 
courts  established  by  their  own  laws,  and  declaied  it  unlawful  for  the 
judges  to  discharge  those  duties  which  they  are  sworn  to  perform.  In 
lieu  of  these,  she  has  substituted  those  state  tribunals  already  adverted 
to — the  judges  whereof  are  not  merely  forbidden  to  allow  an  appeal,  or 
permit  a  copy  of  their  record,  but  are  previously  sworn  to  disregard  the 
laws  of  the  union,  and  enforce  those  only  of  South  Carolina;  and,  thus 
deprived  of  the  function  essential  to  the  judicial  character,  of  inquiring 
into  the  validity  of  the  law  and  the  right  of  the  matter,  become  merely 
ministerial  instruments  in  aid  of  the  concerted  obstruction  of  the  laws  of 
the  union. 

Neither  the  process  nor  authority  of  these  tribunals,  thus  constituted, 
can  be  respected  consistently  with  the  supremacy  of  the  laws,  or  the 
rights  and  security  of  the  citizen.  If  they  be  submitted  to.  the  protec- 
tion due  from  the  government  to  its  officers  and  citizens  is  withheld,  and 
there  is  at  once  an  end,  not  only  to  the  laws,  but  to  the  union  itself. 

Against  such  a  force  as  the  sheriff  may,  and  which,  by  the  replevin  act 
of  South  Carolina  it  is  his  duty  to  exercise,  it  cannot  be  expected  that  a 
collector  will  retain  his  custody  with  the  aid  of  the  inspectors.  In  such 
case,  it  is  true,  it  would  be  competent  to  institute  suits  in  the  United 
States  courts,  against  those  engaged  in  the  unlawful  proceeding;  or  the 
property  might  be  seized  for  a  violation  of  the  revenue  laws,  and  being 
libelled  in  the  proper  courts,  an  order  might  be  made  for  its  re-delivery, 
which  would  be  committed  to  the  marshal  for  execution.  But  in  that 
case,  the  4th  section  of  the  act,  in  Droad  and  unqualified  terms,  makes  it 
the  duty  of  the  sheriff  "to  prevent  such  re-capture  or  seizure,  or  to  re- 
deliver the  goods,  as  the  case  may  be,"  even  "under  any  process,  order, 
or  decrees,  or  other  pretext,,  contrary  to  the  true  intent  and  meaning  of 
the  ordinance  aforesaid."  It  is  thus  made  the  duty  of  the  sheriff,  to  op- 
pose the  process  of  the  courts  of  the  United  States,  and  for  that  puipose, 
if  need  be,  to  employ  the  whole  power  of  the  country;  and  the  act  ex- 
pressly reserves  to  him  all  power,  which,  independently  of  its  provi- 
sions, he  could  have  used.  In  this  reservation  it  obviously  contemplates 
a  resort  to  other  means  than  those  particularly  mentioned. 

It  is  not  to  be  disguised,  that  the  power  which  it  is  thus  enjoined  upon 


140  [January, 

the  sherlti'to  employ,  is  nothing  less  than  the  posse  comitatus,  in  all  the 
rigor  of  the  ancient  common  law.  This  power,  though  it  may  be  used 
ao-ainst  unlawful  resistance  to  judicial  process,  is  in  its  character  forcible, 
and  analngous  to  that  conferred  upon  the  marshals  by  the  act  of  1795, 
It  is  in  fact,  the  embodying  of  the  whole  mass  of  the  population  under 
the  command  of  a  single  individnal,  to  accomplisii  by  their  forcible  aid, 
what  could  not  be  effected  peaceably,  and  by  the  ordinary  means.  It 
may  properly  be  said  to  be  a  relict  of  those  ages  in  which  the  laws  could 
be  defended  rather  by  physical  than  moral  force,  and,  in  its  origin,  was 
conferred  upon  the  sheriffs  of  England,  to  enable  them  to  defend  their 
country  against  any  of  the  king's  enemies,  when  they  came  into  the  land, 
as  well  as  ior  the  purpose  of  executing  process,  in  early  and  less  ci- 
vilized times,  it  was  intended  to  include  "the  aid  and  attendance  of  all 
knights  and  others  who  were  bound  to  have  harness,"  It  includes,  the 
right  of  going  with  arms  and  military  equipments,  and  embraces  larger 
classes  and  greater  masses  of  population  than  can  be  compelled  by  the 
laws  of  most  of  the  states,  to  perform  military  duty.  If  the  principles  of 
the  common  law  are  recognised  in  South  Carolina,  (and  from  this  act  it 
would  seem  they  are),  the  power  of  summoning  the  posse  comitatus  will 
compel,  under  the  penalty  of  fine  and  imprisonment,  every  man,  over  the 
age  of  fifteen,  and  able  to  travel,  to  turn  out  at  the  call  of  the  sheriff, — 
and  with  such  weapons  as  may  be  necessary;  and  it  may  justify  beating, 
and  even  killing  such  as  may  resist.  The  use  of  the  posse  comitatus  is 
therefore  a  direct  application  of  force,  and  cannot  be  otherwise  regard- 
ed, than  as  the  employment  of  the  whole  militia  force  of  the  county, 
and  in  an  equally  efficient  form,  under  a  different  name.  No  proceeding 
which  resorts  to  this  power,  to  the  extent  contemplated  by  the  act,  can 
be  properly  denominated  peaceable. 

The  act  of  vSouth  Carolina,  however,  does  not  rely  altogether  upon 
this  forcible  remedy.  For  even  attemi)ting  to  resist  or  disobey, — though 
by  the  aid  only  of  the  ordinary  officers  of  the  customs, — the  process  of 
replevin,  the  collector  and  all  concerned,  are  subjected  to  a  further  pro- 
ceeding, in  the  nature  of  a  distress  of  their  personal  efiects,  and  aie 
moreover  made  guilty  of  a  misdemeanor,  and  liable  to  be  punished  by 
fine  of  not  less  than  one^thousand,  nor  more  thanfive  thousand  dollars,  and  to 
imprisonment  not  exceeding  two  years,  nor  less  than  six  months;  and  for 
even  attempting  to  execute  the  orders  of  the  court  for  retaking  the  pro- 
perty, the  marshal  and  all  assisting  would  be  guilty  of  a  misdemeanor 
and  so  liable  to  a  fine  of  not  less  than  three  thousand  dollars,  nor  more 
than  ten  thousand,  and  to  imprisonment  not  exceeding  two  years  nor  less 
than  one;  and  in  case  the  goods  should  be  retaken  under  such  process, 
it  is  made  the  absolute  duly  of  the  sheriff  to  retake  them. 

It  is  not  to  be  supposed,  that  in  the  face  of  these  penalties,  aided  by 
the  powerful  force  of  the  county,  which  would  doubtless  be  brought  to 
sustain  the  state  officers,  either  that  the  collector  could  retain  the  custo- 
dy in  the  first  instance,  or  that  the  marshals  could  summon  sufficient  aid 
to  retake  the  properly,  pursuant  to  the  order  or  other  process  of  the 
court. 

It  is  moreover  obvious,  that  in  this  conflict  between  the  powers  of  the 


1833.]  141 

officers  of  the  United  States  and  of  the  state,  (unless  the  latter  be  passively 
submitted  to)  the  destruction  to  which  the  property  of  the  ofiicers  of  the 
customs  would  be  exposed,  the  commission  of  actual  violence,  and  the 
loss  of  lives,  would  be  scarcely  avoidable. 

Under  these  circumstances,  and  the  provisions  of  the  acts  of  South 
Carolina,  the  execution  of  the  laws  is  rendered  impracticable,  even 
through  the  ordinary  judicial  tribunals  of  the  United  States.  There 
would  certainly  be  fewer  difficulties,  and  less  opportunity  of  actual  col- 
lision between  the  officers  of  the  United  States  and  of  the  state,  and  the 
collection  of  the  revenue  would  be  more  effectually  secured — if  indeed 
it  can  be  done  in  any  other  way — by  placing  the  custom  house  beyond 
the  immediate  power  of  the  county. 

Por  this  purpose  it  might  be  proper  to  provide,  that  whenever,  by  any 
unlawful  combination  or  obstruction  in  any  state,  or  in  any  port,  it  should 
become  impracticable  faithfully  to  collect  the  duties,  the  president  of  the 
United  States  should  be  authorised  to  alter  and  abolish  such  of  the  dis- 
tricts and  ports  of  entry  as  should  be  necessary,  and  to  establish  the  cus- 
tom house  at  some  secure  place  within  some  port  or  harbor  of  such  state; 
and  in  such  cases,  it  should  be  the  duty  of  the  collector  to  reside  at  such 
place,  and  to  detain  all  vessels  and  cargoes,  until  the  duties  imposed 
by  law  should  be  properly  secured,  or  paid  in  cash — deducting  interest; 
that  in  such  cases  it  should  be  unlawful  to  take  the  vessel  and  cargo  from 
the  custody  of  the  proper  officer  of  the  customs,  unless  by  process  from 
the  ordinary  judicial  tribunals  "of  the  United  States;  and  that  in  case  of 
an  attempt  otherwise  to  take  the  property  by  a  force  too  great  to  be 
overcome  by  the  officers  of  the  customs,  it  should  be  lawful  to  protect 
the  possession  of  the  officers  by  the  employment  of  the  land  and  naval 
forces  and  the  militia,  under  provisions  similar  to  those  authorised  by  the 
llth  section  of  the  act  of  the  19th  January,  1809. 

This  provision,  however,  will  not  shield  the  officers  and  citizens  of  the 
United  States,  acting  under  the  laws  from  suits  and  prosecutions  in  the 
tribunals  of  the  state,  which  might  thereafter  be  brought  against  them; 
nor  would  it  protect  their  property  from  the  proceeding  by  distress:  and 
it  may  well  be  apprehended  that  it  would  be  insufficient  to  insure  a  pro- 
per respect  to  the  process  of  the  constitutional  tribunals  in  prosecutions 
for  offences  against  the  United  States,  and  to  protect  the  authorities  of 
the  United  States,  whether  judicial  or  ministerial,  in  the  performance  of 
their  duties.  It  would,  moreover,  be  inadequate  to  extend  the  protection 
due  from  the  government  to  that  portion  of  ihe  people  of  South  Caroli- 
na, against  outrage  and  oppression  of  any  kind,  who  may  manifest  their 
attachment  and  yield  obedience  to  the  laws  of  the  union. 

It  niay  therefore  be  desirable  to  revive,  with  some  modifications  better 
adapted  to  the  occasion,  tlie  6th  section  of  the  act  of  the  3d  of  March, 
1»15,  which  expired  on  the  4lh  of  March,  1817,  by  the  limitation  of 
that  of  27th  of  April,  1816,  and  to  provide  that  in  any  case  where  suit 
shall  be  brought  against  any  individual  in  the  courts  of  the  slate,  for  any 
act  done  under  the  laws  of  the  United  States,  he  should  be  authorised  to 
remove  the  said  cause  by  petition  into  the  circuit  courts  of  the  United 
18 


142  [January 

States,  without  any  copy  of  the  record,  and  that  that  court  should  pro- 
ceed to  hear  and  (leUn-mine  the  same  as  if  it  had  heen  originally  institut- 
ed therein;  and  that  in  all  cases  of  injuries  lo  tlie  persons  or  property  of 
individuals  acting  under  the  laws  of  the  U.  States  for  disohedience  to 
the  ordii^ance  and  laws  of  South  Carolina  in  performance  thereof,  re- 
dress may  be  sought  in  the  courts  of  the  United  States. 

It  may  be  expedient,  also,  by  modifying  the  resolution  of  the  3d  of 
March,  1791,  to  authorise  the  marshals  to  make  the  necessary  provisions 
for  the  safe  keeping-  of  prisoners  committed  under  the  authority  of  the 
United  States. 

Provisions  less  than  these,  consisting  as  they  do  for  the  most  part,  rath- 
er of  a  revival  of  the  policy  of  former  acts  called  for  by  the  existing 
emergency,  than  of  the  introduction  of  any  unusual  or  rigorous  enact- 
ments, would  not  cause  the  laws  of  the  union  to  be  properly  respected 
or  enforced.  It  is  believed  these  w^ould  prove  adequate,  unless  the  mili- 
tary forces  of  the  state  of  South  Carolina,  authorised  by  the  late  act  of  the 
legislature,  should  be  actually  embodied  and  called  out  in  aid  of  their 
proceedings,  and  of  tiie  provisions  of  the  ordinance  generally.  Even  in 
that  case,  however,  it  is  belie\ed  that  no  more  \vill  be  necessary  than  a 
few  moditications  of  its  terms,  to  adapt  the  act  of  1795  to  the  present 
emergency,  as  by  that  act  the  provisions  of  the  law  of  1792  were  ac- 
commodated to  the  crisis  then  existing;  and  by  conferring  authority  upon 
the  president  to  give  it  operation  during  the  session  of  congress,  and 
without  the  ceremony  of  a  pioclamation, 'w^henever  it  shall  be  officially 
made  known  to  him  by  the  authority  of  any  state,  or  by  the  courts  of  the 
United  States,  that  within  the  limits  of  such  state  the  laws  of  the  United 
States  will  be  openly  opposed  and  their  execution  obstructed  by  the  ac- 
tual employment  of  military  force,  or  by  any  unlawful  means  whatsoever, 
too  great  to  be  otherwise  overcome. 

In  closing  this  communication  I  should  do  injustice  to  my  own  feelings 
not  to  express  my  confident  reliance  upon  the  disposition  of  each  depart- 
ment of  the  government  to  perform  its  duty,  and  to  co-operate  in  all  mea- 
sures necessary  in  the  present  emergency. 

The  crisis  undoubtedly  invokes  the  fidelity  of  the  j)atriot  and  the  sa- 
gacity of  the  statesman;  not  more  in  removing  such  portion  of  the  public 
burthen  as  may  be  unnecessary,  than  in  preserving  the  good  order  of  so- 
cJoty,  and  in  the  maintenance  of  well  regulated  liberty. 

While  a  forbearing  spirit  may,  and  I  trust,  will  be  exercised  towards 
the  eirors  of  our  brethren  in  a  particular  quarter,  duty  to  the  rest  of  the 
union  demands  that  open  and  oiganized  resistance  to  the  laws  should  not 
be  executed  with  impunity. 

The  rich  inheritance  bequeathed  by  our  fathers  has  devolved  upon  us 
the  sacred  o'jligation  of  preserving  it  by  the  same  virtues  which  conduct- 
ed them  thiongh  the  eventful  scenes  of  the  revolution,  and  ultimately 
crowned  their  struggle  with  the  noblest  model  of  civil  institutions. 
They  hequealheit  to  us  a  government  of  laws,  and  a  federal  union,  found- 
ed upon  the  great  principle  of  popular  representation.  After  a  success- 
ful experiment  of  41  years,  at  a  moment  when  the  government  and  the 
union  are  the  objects  of  the  hopes  of  the  friends  of  civil  liberty  through- 


1833.]  143 

out  the  world,  and  in  the  midst  of  public  and  individual  prosperity  unex- 
ampled in  history,  we  are  called  upon  to  decide  whether  these  laws  poss- 
ess any  force  and  that  union  the  means  of  self-preservation.  The  deci- 
sion of  this  question  by  an  enlightened  and  patriotic  people  cannot  be 
doubtful.  For  myself,  fellow  citizens,  devoutly  relying  upon  that  kind 
Providence,  which  has  hitherto  watched  over  our  destinies,  and  actuated 
by  a  profound  reverence  for  those  institutions  I  have  so  much  cause  to 
love,  and  for  the  American  people  wdiose  partiality  honored  me  with 
their  highest  trust,  I  have  determined  to  spare  no  effort  to  discharge  the 
duty  which  in  this  conjuncture  is  devolved  upon  me.  That  a  similar 
spirit  will  actuate  the  representatives  of  the  American  people,  is  not  to  be 
questioned:  and  I  fervently  pray  that  the  Great  Ruler  of  nations  may  so 
guide  your  deliberations  and  our  joint  measures,  as  that  they  may  prove 
salutary  examples,  not  only  to  the  present,  but  to  future  times,  and  sol- 
emnly proclaim  that  the  constitution  and  the  laws  are  supreme,  and  the 
union  indissoluble. 

ANDREW  JACKSON. 

Washington,  January  I  Qth,  1833. 


INAUGURAL  ADDRESS 


OF  THE  PRESIDENT  OF  THE  UNITED  STATES. 


MARCH  4,  18S3  . 


INAUGURAL   ADDRESS 


OF  THE  PRESIDENT  OF  THE  UNITED  STATES. 


M  A  U  C  II   4,    1  S  3  3 


Fellow 


citizens: 


The  will  of  the  American  people,  expressed  through  their  unsolicited 
suffrages,  calls  me  before  you  to  pass  through  the  solemnities  preparatory 
to  taking  upon  myself  the  duties  of  president  of  the  United  Stales,  for 
another  teim.  For  their  approbation  otmy  public  conduct,  flirough  a 
period  which  has  not  been  without  its  difficulties,  and  for  this  renewed  ex- 
pression of  their  confidence  in  my  good  intentions,  1  am  at  a  loss  for 
terms  adequate  to  the  expression  of  my  gratitude.  It  shall  be  displayed, 
to  the  extent  of  my  humble  abilities,  in  continued  efforts  so  to  administer 
the  government,  as  to  preserve  their  liberty  and  promote  their  happiness. 
So  many  events  have  occurred  within  the  last  four  years,  which  have 
necessarily  called  torth,  sometimesunder  circumstances  the  most  delicate 
and  painful,  my  views  of  the  principles  and  policy  which  ought  to  be 
pursued  by  the  general  goverment,  that  I  need,  on  this  occasion,  but 
allude  to  a  few  leading  considerations,  connected  with  some  of  them. 

The  foreign  policy  adopted  by  our  government  soon  after  the  formation 
of  our  present  constitution,  and  very  generally  pursued  by  successive 
administrations,  has  been  crowned  with  almost  complete  succc^ss,  and  has 
elevated  our  character  among  the  nations  of  the  earth,  'i'o  do  justice  to 
all,  and  submit  to  wrong  from  none,  has  been,  during  my  administration, 
its  governing  maxim,  and  so  happy  have  been  its  results,  that  we  are  not 
only  at  peace  with  all  the  world,  but  have  few  causes  of  controversy,  and 
those  of  minor  importance,  remaining  unadjusted. 

In  the  domestic  policy  of  this  government,  there  are  two  objects  which 
especially  deserve  the  attention  of  the  people  and  their  representatives, 
and  which  have  been,  and  will  continue  to  be,  the  subjects  of  my 
increasing  solicitude.  They  are  the  preservation  of  the  rights  of  the  seve- 
ral states,  and  the  integrity  of  the  union. 

These  great  objects  are  necessarily  connected,  and  can  only  be  attained 
by  an  enlightened  exercise  of  the  powers  of  each  within  its  appropriate 
sphere,  in  conformity  with  the  public  will  constitutionally  expressed.  To 
this  end,  it  becomes  the  duty  of  all  to  yield  a  ready   and  patriotic   sub- 


]48  [March  4, 

mission  lo  the  laws  constitutionally  enacted,  and  thereby  promote  and 
stren^-then  a  piopcr  coiifuience  in  those  institutions  of  the  several  states 
and  of  the  United  States  which  the  people  themselves  have  ordained  for 
their  own  g^overnment. 

My  experience  in  public  concerns,  and  the  observation  of  a  life  some- 
what advanced,  confirm  the  opinions  long  since  imbibed  by  me,  that  the 
destruction  of  our  state  governments,  or  the  annihilation  of  their  control 
over  the  local  concerns  of  the  people,  would  lead  directly  to  revolution 
and  anarchy,  and  finally  to  despotism  and  military  domination.  In  pro- 
portion, therefore,  as  the  general  government  encroaches  upon  the  rights 
of  the  states,  in  the  same  proportion  does  it  impair  its  own  power  and 
detract  fi-om  its  ability  to  fulfil  the  purposes  of  its  creation.  Solemnly 
impressed  with  these  considerations,  my  countrymen  will  ever  find  me 
ready  to  exercise  m.y  constitutional  powers  in  arresting  measures  which 
may  directly  or  indirectly  encroach  upon  the  rights  of  the  states,  or  tend 
to  consolidate  all  political  po.ver  in  the  general  government.  But  of 
equal,  and  indeed  of  incalculable  importance  is  the  union  of  these  states, 
and  the  sacred  duty  of  all  to  contribute  to  its  preservation  by  a  liberal 
support  of  the  general  government  in  the  exercise  of  its  just  powers. 
You  have  been  wisely  admonished  to  "accustom  yourselves  to  think  and 
speak  of  the  union  as  the  palladium  of  your  political  safety  and  pros- 
perity, watching  for  its  preservation  with  jealous  anxiety,  discountenanc- 
ing'- whatever  may  suggest  even  a  suspicion  that  it  can  in  any  event  be 
abandoned,  and  indignantly  frowning  upon  the  first  dawning  of  any 
attempt  to  alienate  any  portion  of  our  country  from  the  rest,  or  to  enfeeble 
the  sacred  ties  which  now  link  together  the  various  parts."  Without 
union  our  independence  and  liberty  would  never  have  been  achieved — 
without  union  tliey  never  can  be  maintained.  Divided  into  twenty-four, 
or  even  a  smaller  number  of  separate  communities,  Ave  shall  see  our  in- 
ternal trade  burthened  with  numberless  restraints  and  exactions;  com- 
munication between  distant  points  and  sections  obstructed,  or  cut  off;  our 
sons  made  soldiers  to  deluge  with  blood  the  fields  they  now  till  in  peace; 
liie  mass  of  our  people  borne  down  and  impoverished  by  taxes  to  support 
armies  and  navies;  and  military  leaders  at  the  head  of  their  victorious 
legions  becoming  our  law-givers  and  judges.  The  loss  of  liberty,  of  all 
good  government,  of  peace,  plenty,  and  happiness,  must  inevitably  follow 
a  dissolution  of  the  union.  In  supporting  it,  therefore,  we  support  all 
that  is  dear  to  the  freeman  and  the  philanthropist. 

The  time  at  which  1  stand  before  you  is  full  of  interest.  The  eyes  of 
all  nations  are  fixed  on  our  republic.  The  event  of  the  existing  crisis 
will  be  decisive  in  the  opinnion  of  mankind  of  the  practicability  of  our 
federal  system  of  government.  Great  is  the  stake  placed  in  our  hands: 
great  is  the  responsibility  which  must  rest  upon  the  people  of  the  United 
States.  Let  us  realize  the  importance  of  the  attitude  in  which  we  stand 
before  the  world.  Let  us  exercise  forbearance  and  firmness.  Let  us 
extricate  our  country  from  the  dangers  which  sun  ound  it,  and  learn  wis- 
dom from  the  lessons  they  inculcate. 

Deeply  impressed  vvilii  the  truth  of  these  observations  and  under  the 
obligation  of  that  solemn  oath  whi  h  I  am  about  to  take,  1  shall  continue 


1833.]  J49 

to  exert  all  my  faculties  to  maintain  the  just  powers  of  the  constitution 
and  to  transmit  unimpaired  to  posterity  the  blessings  of  our  federal  union! 
At  the  same  time,  it  will  be  my  aim  to  inculcate,  by  my  official  acts,  the 
necessity  of  exercising,  by  the  general  government,  those  powers  only 
that  are  clearly  delegated;  to  encourage  simplicity  and  economy  in  the 
expenditures  of  the  government;  to  raise  no  more  money  from  the  people 
than  may  be  requisite  for  these  objects,  an  in  a  manner  that  will  best 
promote  the  interest  of  all  classes  of  the  community,  and  of  all  portions 
of  the  union. 

Constantly  bearing  in  mind  that,  in  entering  into  society,  ^'individuals 
must  give  up  a  share  of  liberty  to  preserve  the  rest,"  it  will  be  my  desire 
so  to  discharge  my  duties  as  to  foster,  with  our  brethren  in  all  parts  of 
the  country,  a  spirit  of  liberal  concession  and  compromise;  and,  by  re- 
conciling our  fellow  citizens  to  those  partial  sacrifices  which  they  must 
unavoidably  make,  for  the  preservation  of  a  greater  good,  to  recommend 
our  invaluable  government  and  union  to  the  confidence  and  affections  of 
the  American  people. 

Finally,  it  is  my  most  fervent  prayer,  to  that  Almighty  Being  before 
whom  I  now  stand,  and  who  has  kept  us  in  his  hands  from  the  infancy 
of  our  republic  to  the  present  day,  that  he  will  so  overrule  all  my  inten- 
tions and  actions,  and  inspire  the  hearts  of  my  fellow  citizens,,  that  we 
may  be  preserved  from  dangers  of  all  kinds,  and  continue  forever  a 
UNITED  AND  HAPPY  PEOPLE. 


19 

•4 


READ  TO  THE  CABINET, 


SEPTEMBER    18,    1833. 


/ 


READ  TO  THE  CABINET, 


ON    THE     18  th    O  F   S  E  FT  E  iVl  B  E  R,    1  8  33. 


Having  carefully  and  anxiously  considered  all  the  facts  and  argu- 
ments which  have  been  submitted  to  him,  relative  to  a  removal  of  the 
public  deposites  from  the  Bank  of  the  United  States,  the  president  deems 
it  his  duty  to  communicate  in  this  manner  to  his  cabinet  the  final  conclu- 
sions oi  his  own  mind,  and  the  reasons  on  which  they  are  founded,  in 
order  to  put  them  in  a  durable  form,  and  to  prevent  misconceptions. 

The  president's  convictions  of  the  dangerous  tendencies  of  the  Bank 
of  the  United  States,  since  signally  illustrated  by  its  own  acts,  were  so 
overpowering  when  he  entered  upon  the  duties  of  chief  magistrate,  that 
he  felt  it  his  duty,  notwithstanding  the  objections  of  the  friends  by  whom 
he  was  surrounded,  to  avail  himself  of  the  first  occasion  to  call  the  at- 
tention of  congress  and  the  people  to  the  question  of  its  re-charter.  The 
opinions  expressed  in  his  annual  message  of  December,  1829,  were  reit- 
erated in  those  of  December  1830  and  1331;  and  in  that  of  1530  he 
threw  out  for  consideration  some  suggestions  in  relation  to  a  substitute. 
At  the  session  of  18:31— -2.  an  act  was  passed,  by  a  majority  of  both 
houses  of  congress,  re-chartering  the  present  bank  upon  which  the  presi- 
dent felt  it  his  duty  to  put  his  constitutional  veto.  In  his  message  return- 
ing that  act  he  repeated  and  enlarged  upon  the  principles  and  views  brief- 
ly asserted  in  his  annual  messages,  declaring  the  bank  to  be,  in  his  opin- 
ion, both  inexpedient  and  uncon"stitutional,and  announcing  to  his  country- 
men, very  unequivocally,  his  firm  determination  never  to  sanction,  by  his 
approval,  the  continuance  of  that  institution,  or  the  establishment  of  any 
other  upon  similar  principles. 

There  are  strong  reasons  for  believing  that  the  motive  of  the  bank, 
in  asking  for  a  re-charter  at  that  session  of  congress,  was  to  make  it  a 
leading  question  in  the  election  of  a  president  of  the  United  States  the 
ensuing  November,  and  all  steps  deemed  necessary  were  taken  to  pro- 
cure from  the  people  a  reversal  of  the  president's  decision. 

Although  the  charter  was  approaching  its  termination,  and  the  bank 
was  aware  that  it  was  the  intention  of  the  government  to  use  the  public 
deposites,  as  fast  as  they  accrued,  in  the  payments  of  the  public  debt, 


154  [September, 

yet  it  did  extend  its  loans  from  January,  1831,  to  May,  1832,  from  42,- 
402,304  dollars  to  70,428,070,  dollars  being  an  increase  of  28,025,766 
dollars  in  sixteen  months.  It  is  confidently  believed,  that  the  leading  ob- 
ject of  this  immense  extension  of  its  loans,  was  to  bring  as  large  a  por- 
tion of  the  people  as  possible  under  its  power  and  influence;  and  it  has 
been  disclosed  that  some  of  the  largest  sums  were  granted  on  very  unu- 
sual terms  to  conductors  of  the  public  press.  In  some  of  these  cases  the 
motive  was  made  manifest  by  the  nominal  or  insufficient  security  taken 
for  the  loans,  by  the  large  amounts  discounted,  by  the  extraordinary  time 
allowed  for  payment,  and  especially  by  the  subsequent  conduct  of  those 
receiving  the  accommodations. 

Having  taken  these  preliminary  steps  to  obtain  control  over  public 
opinion,  the  bank  came  into  congress,  and  asked  a  new  charter.  The 
object  avowed  by  many  of  the  advocates  of  the  bank  was  to  put  the  pre- 
sident to  the  test,  that  the  country  might  know  his  final  determination  re- 
lative to  the  bank,  prior  to  the  ensuing  election.  Many  documents  and 
articles  were  printed  and  circulated  at  the  expense  of  the  bank,  to  bring 
the  people  to  a  favourable  decision  upon  its  pretensions.  Those  whom 
the  bank  appears  to  have  made  its  debtors,  for  the  special  occasion,  were 
warned  of  the  ruin  which  awaited  them  should  the  president  be  sustain- 
ed, and  attempts  were  made  to  alarm  the  wdiole  people,  by  painting  the 
depression  in  the  price  of  property  and  produce,  and  the  general  loss, 
inconvenience,  and  distress  which  it  was  represented  would  immediately 
follow  the  re  election  of  the  president  in  opposition  to  the  bank. 

Can  it  now  be  said  that  the  question  of  a  re-charter  of  the  bank  was 
not  decided  at  the  election  which  ensued.''  Had  the  veto  been  equivocal, 
or  had  it  not  covered  the  whole  ground, — if  it  had  merely  taken  excep- 
tions to  the  details  of  the  bill,  or  to  the  time  of  its  passage, — if  it  had  not 
met  the  whole  ground  of  constitutionality  and  expediency,  then  there 
might  have  been  some  plausibility  for  the  allegation  that  the  question  was 
not  decided  by  the  people.  It  was  to  compel  the  president  to  take  his 
stand  that  the  question  vvas  brought  forward  at  that  particular  time.  He 
met  the  challenge,  willingly  took  the  position  into  which  his  adversaries 
sought  to  force  him,  and  frankly  declared  his  unalterable  opposition  to 
the  bank,  as  being  both  unconstitutional  and  inexpedient.  On  that  ground 
the  case  was  argued  to  the  people,  and  now  that  the  people  have  sustain- 
ed the  president,  notwithstanding  tlie  array  of  influence  and  power  which 
was  brought  to  bear  upon  him,  it  is  too  late,  he  confidently  thinks,  to  say 
that  the  question  has  not  been  decided.  Whatever  may  be  the  opinion 
of  others,  the  president  considers  his  re-election  as  a  decision  of  the  peo- 
ple against  the  bank.  In  the  concluding  paragraph  of  his  veto  message 
he  said — 

^'I  have  now  done  my  duty  to  my  country.  If  sustained  by  my  fellow- 
citizens,  I  shall  be  grateful  and  happy;  if  not,  I  shall  find  in  the  motives 
which  impel  me  ample  grounds  for  contentment  and  peace." 

He  was  sustained  by  a  just  people,  and  he  desires  to  evince  his  grati- 
tude, by  carrying  into  eifect  their  decision  so  far  as  it  depends  upon  him. 

Of  all  the  substitutes  for  the  present  bank  which  have  been  suggested, 
none  seems  to  have  united  any  considerable  portion  of  the  public  in  its 


1833.]  155 

favour.  Most  of  them  are  liable  to  the  same  constitutional  objections  for 
whicli  the  present  bank  has  been  condemned,  and  perhaps  to  all  there 
are  strong  objections  on  the  score  of  expediency.  In  ridding  the  coun- 
try of  the  irresponsible  power  which  has  attempted  to  control  the  go- 
vernment, care  must  be  taken  not  to  unite  the  same  power  with  the  ex- 
ecutive branch.  To  give  a  president  the  control  over  the  currency,  and 
the  power  over  individuals  now  possessed  by  the  Bank  of  the  United 
States,  even  with  the  material  difference  that  he  is  responsible  to  the  people, 
would  be  as  objectionable  and  as  dangerous  as  to  leave  it  as  it  is.  Neith- 
er the  one  nor  the  other  is  necessary,  and  therefore  ought  not  to  be  re- 
sorted to. 

On  the  whole,  the  president  considers  it  as  conclusively  settled  that 
the  charter  of  the  Bank  of  the  United  States  will  not  be  renewed,  and  he 
has  no  reasonable  ground  to  believe  that  any  substitute  will  be  establish- 
ed. Being  bound  to  regulate  his  course  by  the  laws  as  they  exist,  and 
not  to  anticipate  the  interference  of  the  legislative  power,  for  the  pur- 
pose of  framing  new  systems,  it  is  proper  for  him  seasonably  to  consider 
the  means  by  which  the  services  rendered  by  the  Bank  of  the  United 
States  are  to  be  performed  after  its  charter  shall  expire. 

The  existing  laws  delarec,  that  ''the  deposites  of  the  mouey  of  the 
United  States  in  places  in  which  the  said  bank  and  branches  thereof  may 
be  established,  shall  be  made  in  said  bank  or  branches  thereof,  unless  the 
secretary  of  the  treasury  shall  at  any  time  otherwise  order  and  direct,  in 
w^hich  case  the  secretary  of  the  treasury  shall  immediately  lay  before 
congress,  if  in  session,  and  if  not,  immediately  after  the  commencement 
of  the  next  session,  the  reasons  of  such  order  or  directions." 

The   power  of  the  secretary  of  the  treasury  over  the  deposites  is  un- 
qualified.   Jhe  provision  that  he  shall  report  his  reasons  to  congress  is  no 
limitation.     Had  it  not  beenlnserted,  he  would   have  been   responsible 
to  congress  had  he  made  a  removal  for  any  other  than  good  reasons,  and 
his  responsibility  now  ceases  upon  the  rendition  of  sufficient  ones  to  con- 
gress.    The  only  object  of  the  provision  is  to  make  his  reasons  accessible 
to  congress,  and  enable  that   body  the  more  readily  to  judge   of  their 
soundness  and  purity,  and    thereupon   to  make  such  further  provision  by 
law  as  the  legislative  power  may  think  proper  in  relation  to  the  deposites 
of  the  public   money.     Those  reasons  may  be  very  diversified.     It  was 
asserted  by  the  secretary  of  the  treasury,  without  contradiction,  as  early 
as  1817,   that  he  had  power,  "to  control  the  proceedings"  of  the  Bank 
of  the  United  States   at  any  moment,  "by  changing  the  deposites  to  the 
state  banks,  should  it  pursue  an   illiberal  couri^e  towards   those  institu- 
tions;" that  "  the  secretary  of  the  treasury   will  always   be  disposed  to 
support  the  credit  of  the  state  banks,  and  will  invariably  direct  transfers 
from  the  deposites  of  the  public  money  in  aid  of  their  legitimate  exertions 
to  maintain  their  credit;"  and  he  asserted   a  right  to  employ   the   state 
banks  when  the  Bank  of  the  United  States   sho'uld  refuse  to  receive  on 
deposites  the  notes  of  such  state  banks  as  the   public  interest  required 
should  be  received  in  payment  of  the  public  dues.     In  several   instances 
he  did  transfer  the  public  deposites  to  state  banks,  in   the  immediate 


156  [September, 

vicinity  of  branches,  for  reasons  connected  only  with  the  safety  of  those 
banks,  the  public  convenience,  and  the  interests  of  tlie  treasury. 

If  it  was  lauful  for  Mr.  Crawford,  the  secretary  of  the  treasury  at 
that  time,  to  act  on  these  principles,  it  will  be  dithcult  to  discover  any 
sound  reason  against  the  application  of  similar  principles  in  still  stronger 
cases.  And  it  is  a  matter  of  surprise  that  a  power  which,  in  the  infancy 
of  the  bank,  was  freely  asserted  as  one  of  the  ordinary  and  familiar  duties 
of  the  secretary  of  the  treasury  should  now  be  gravely  questioned,  and 
an  attempt  made  to  excite  and  alarm  the  public  mind,  as  if  some  new 
and  unheard-of  power  vvas  about  to  be  usurped  by  the  executive  branch 
of  the  government. 

It  is  but  little  more  than  two  and  a  half  years  to  the  termination  of  the 
charter  of  the  present  bank.  It  is  considered,  as  the  decision  of  this 
country  tliat  it  shall  then  cease  to  exist,  and  no  man,  the  president  be- 
lieves, has  reasonable  ground  for  expectations  that  any  other  bank  of  the 
United  States  will  be  created  by  congress.  To  the  treasury  department 
is  entrusted  the  safe  keeping  and  faithful  application  of  the  public  moneys. 
A  plan  of  collection  ditferent  from  the  present  must,  therefore,  be 
introduced  and  put  in  complete  operation  before  the  dissolution  of  the 
present  bank.  AVhen  shall  it  be  commenced?  Shall  no  step  be  taken  in 
this  essential  concern  until  the  charter  expires,  and  the  treasury  finds  it- 
self without  an  agent,  its  accounts  in  confusion,  with  no  depository  for 
its  funds,  and  the  whole  business  of  the  government  deranged.''  Or  shall 
it  be  delayed  until  six  months,  or  a  year,  or  two  years,  before  the  ex- 
piration of  the  charter.''  It  is  obvious,  that  any  new  system  which  may 
be  substituted  in  the  place  of  the  Bank  of  the  United  States,  could  not  be 
suddenly  carried  into  effect,  on  the  termination  of  its  existence,  without 
serious  inconvenience  to  the  government  and  the  people.  Its  vast  amount 
of  notes  is  then  to  be  redeemed  and  w^ithdr3wn  from  circulation,  and  its 
immense  debts  collected.  Tliese  operations  must  be  gradual,other- 
wise  much  suiVering  and  distress  will  be  brought  upon  the  community.  It 
ought  to  be  not  a  work  of  months  only,  but  of  years,  and  the  president 
thinks  it  cannot,  with  due  attention  to  the  interests  of  the  people,  be 
longer  postponed.  It  is  safer  to  begin  it  too  soon  than  to  delay  it  too  long. 

It  is  for  the  wisdom  of  congiess  to  decide  upon  the  best  substitute  to 
be  adopted  in  the  place  of  the  Bank  of  the  United  States;  and  the  pres- 
ident would  have  felt  himself  relieved  from  a  heavy  and  painful  respon- 
sibility if,  in  the  charter  to  the  bank,  congress  had  reserved  to  itself  the 
power  offdirecting,  at  its  pleasure,  the  public  money  to  be  elsewhere  de- 
posited, and  had  not  devolved  that  power  exclusively  on  one  of  the  ex- 
ecutive departments.  It  is  useless  now  to  inquire  why  this  high  and 
important  power  was  surrendered  by  those  who  are  peculiarly  and  ap- 
propriately the  guardians  of  the  public  money.  Perhaps  it  was  an 
oversight.  But  as  the  president  presumes  that  the  charter  of  the  bank 
is  to  be  considered  as  a  contract  on  the  part  of  the  government,  it  is  not 
now  in  the  power  of  congress  to  disregard  its  stipulations;  and  by  the 
terms  of  that  contract  the  public  money  is  to  be  deposited  in  the  bank 
during  the  continuance  of  its  charter,  unless  the  secretary  of  the  treasury 
shall  otherwise  direct.     Unless,  therefore,  the  secretary  of  the  treasury 


1833.]  157 

first  acts,  congress  have  no  power  over  the  subject,  for  they  cannot  add 
a  new  clause  to  the  charter,  or  strike  one  out  of  it,  without  the  con- 
sent of  the  hank;  and  consequently  the  juiMic.  money  must  remain  in 
that  institution  to  the  last  hour  of  its  existence,  unless  the  secretary  of 
the  treasury  shall  remove  it  at  an  earlier  day.  The  responsibilly  is  thus 
thrown  upon  the  executive  branch  of  the  government,  of  deciding  how 
long  before  the  expiration  of  the  charter  the  public  interests  will  re- 
quire the  deposites  to  be  placed  elsewhere;  and  although,  accord  ingto  the 
frame  and  principle  of  our  government,  this  decision  would  seem  more 
properly  to  belong  to  the  legislative  power,  yet,  as  the  law  has  imposed 
it  upon  the  executive  department,  the  duty  ought  to  be  faithfully  and  firmly 
met,  and  the  decision  made  and  executed  upon  the  best  lights  that  can 
be  obtained,  and  the  best  judgment  that  can  be  formed.  It  would  ill 
become  the  executive  branch  of  the  government  to  shrink  from  any 
duty  which  the  law  imposes  on  it,  to  fix  upon  others  the  responsibility 
which  justly  belongs  to  itself. 

And  while  the  president  anxiously  wishes  to  abstain  from  the  exercise 
of  doubtful  powers,  and  to  avoid  all  interference  with  the  rights  and  duties 
of  others,  he  must  yet,  with  unshaken  constancy,  discharge  his  own  obli- 
gations: and  cannot  allow  himself  to  turn  aside,  in  order  to  avoid  any 
responsibility  which  the  high  trust  with  which  he  has  been  honoured 
requires  him  to  encounter;  and  it  being  the  duty  of  one  of  the  executive 
departments  to  decide,  in  the  first  instance,  subject  to  the  future  action  of 
the  legislative  power,  whether  the  public  deposites  shall  remain  in  the 
Bank  of  the  United  States  until  the  end  of  its  existence,  or  be  with- 
drawn some  time  before,  the  president  has  felt  liimself  bound  to  examine 
the  question  carefully  and  deliberately,  in  order  to  make  up  his  judgment 
on  the  subject;  and  in  his  opinion  the  near  approach  of  the  termination  of 
the  charter,  and  the  public  considerations  heretofore  mentioned,  are  of 
themselves  amply  sufiicient  to  justify  the  removal  of  the  deposites  with- 
out reference  to  the  conduct  of  the  bank,  or  their  safety  in  its  keeping. 

But  in  the  conduct  of  the  bank  may  be  found  other  reasons  very  im- 
perative in  their  character,  and  which  require  prompt  action.  Devel- 
opements  have  been  made  from  time  to  time  of  its  faithlessness  as  apubhc 
agent,  its  misapplicaiion  of  public  funds,  its  interference  in  elections,  its 
efforts  by  the  machinery  of  committees  to  deprive  the  government 
directors  of  a  full  knowledge  of  its  concerns,  and  above  all,  its  flagrant 
misconduct  as  recently  and  unexpectedly  disclosed  in  placing  all  the  funds 
of  the  bank,  including  the  money  of  the  government,  at  the  disposition  of 
the  president  of  the  bank,  as  means  of  operating  upon  public  opinion  and 
procuring  a  new  charter,  wilhout  requiring  him  to  render  a  voucher  for 
their  disbursement.  A  brief  recapitulation  of  the  facts  which  justify  these 
charges  and  which  have  come  to  the  knowledge  of  the  public  and  the 
president  will,  he  thinks,  remove  every  reasonable  doubt  as  to  the  course 
which  it  is  now  the  duty  of  the  president  to  pursue.^ 

We  have  seen,  that  in  sixteen  months,  ending  in  May,  1833,  the  bank 
had  extended  its  loans  more  than  2S,000,000  dollars,  alihough  it  knew  the 
govemment  intended  to  appropriatCimost  of  its  large  deposites  during  thit 
20 


158  [September, 

year  in  payment  of  the  public  debt.  It  was  in  May,  1832,  that  its  loans 
arrived  at  tlie  maximum,  and  in  the  preceding  March,  so  sensible  was 
the  bank  that  it  would  not  be  able  to  pay  over  the  public  deposites  when 
it  would  be  required  by  the  government,  that  it  commenced  a  secret  ne- 
gotiation, without  the  approbation  or  knowledge  of  the  government,  with 
thea"-pnls,  for  about  2,700000  dollars  of  the  3  per  cent,  slocks  held  in 
Holland,  with  a  vi^w  of  inducing  them  not  to  come  forward  for  payment 
for  one  or  more  years  after  notice  should  be  given  by  the  treasury  de- 
partment. This  arrangement  would  have  enabled  the  bank  to  keep  and 
use  during  that  time  the  public  money  set  apart  for  the  payment  of  these 
stocks. 

After  this  negotiation  liad  commenced,  the  secretary  of  the  treasury 
informed  the  bank  that  it  was  his  intention  to  pay  off  one-half  of  the  3 
pe.'  cents,  on  the  first  of  the  succeeding  July,  which  amounted  to  about 
6,500,000  dollars.  The  president  of  the  bank,  although  the  committee 
of  investigation  was  then  looking  into  its  aifairs  at  Philadelphia,  came 
immediately  to  Washington,  aud  upon  representing  that  the  bank  was 
desirous  of  accommodating  the  importing  merchants  at  New  York  (wliicb 
it  failed  to  do),  and  undertaking  to  pay  the  interest  itself,  procured  tlie 
consent  of  the  secretary,  after  consulting  with  the  president,  to  postpone 
the  payment  until  the  succeeding  first  of  October. 

Conscious  that  at  the  end  of  that  quarter  the  bank   would  not  be  able 
to  pay  over  th'e  deposites,  and  that  further  indulgence  was  not  to  be  expec- 
ted of  the  government,  an  agent  was  di^spalched  to  England,  secretly  to 
negotiate  with  the   holders  of  the  public  debt  in   Europe,  and  induce 
ihem  by  the  offer  of  an  equal  or  higher  interest  than  that  paid  by  the  govern- 
ment, to  hold  back  their  claims  for  one  year,  during  which  the  bank  ex- 
pected thus  to  retain  the   use   of  5,000,000  dollars  of  public   money, 
which  the  government  should  set  apart  for  the  payment  of  that  debt.     The 
agent  made  an  arrangement  on  terms,  in  part,  which  were  in  direct  vio- 
lation of  the  charter  of  the  bank,   and    when  some   incidents  connected 
with  this  secret  negotiation  accidentally  came  to  the  knowledge  of  the 
public  and  the  govenmient,  tlien,  and  not  before,  so  much  of  it  as  was  palpa- 
bly in  violation  of  the  charter  was   disavowed!     A    modification  of  the 
rest  was  attem})ted,  with  the  view  of  getting  the  certificates  without  pay- 
ment of  the  money,  and  tlius  absolving  the  government  from  its  liability  to 
the  holders,     tn  this  scheme  the  bank  was  partially  successful,   but  to 
this  day  the  certificates  of  a  portion  of  these  stocks  Imve  not  been  paid, 
and  the  bank  retains  the  use  of  the  money. 

This  elfort  to  thwart  the  government  in  the  payment  of  the  public  debt, 
that  it  might  retain  the  public  money  to  be  used  ibr  their  private  interests, 
palliated  by  pretences  notoriously  unfounded  and  insinceie,  would  have 
justified  the  instant  withdrawal  of  the  public  deposites.  The  negotiation 
itself  rendered  doubtful  the  ability  of  the  bank  to  meet  the  demands  of 
the  treasury,  and  the  misrepresentations  by  which  it  was  attempted  to  be 
justified,  proved  that  no  reliance  could  be  placed  upon  its  allegations. 

If  the  question  of  the  removal  of  the  deposites  presented  itself  to  the 
executive  in  the  same  attitude  that  it  appeared  before  the  house  of  rep- 
resentatives at  their  last  session,  their  resolution  in  relation  to  the  safety 


1833.]  159 

of  the  deposiles  would  be  entitled  to  more  weight,  although  the  decision 
of  the  question  of  removal  has  been  contided  by  law  to  another  depart- 
ment of  the  government.  But  the  question  now  occurs,  attended  by  oth- 
er circumstances  and  new  disclosures  ol  the  most  serious  import.  It  is 
true  that  in  the  message  of  the  president,  wliich  produced  this  inquiry 
and  resolution  on  the  jjart  of  the  liouse  of  representatives,  it  was  his  ob- 
ject to  obtain  the  aid  of  tiiat  body  in  m;iking  a  thorough  examination  into 
the  conduct  and  condition  of  the  bank  and  its  branches,  in  order  to  ena- 
ble the  executive  department  to  decide  whether  the  public  money  was 
longer  safe  in  its  hands.  The  limited  power  of  the  secretary  of  the 
treasury  over  the  subject,  disabled  him  from  making  the  investigation  as 
fully  and  satisfactoiy  as  it  could  be  done  by  a  committee  o(  the  house  of 
representatives,  and  hence  the  president  desired  the  assistance  of  con- 
gress to  obtain  for  the  treasury  department  a  full  knowledge  of  all  the 
facts  which  were  necessary  to  guide  his  judgment.  But  it  was  not  his 
purpose,  as  the  language  of  his  message  will  show,  to  ask  the  represen- 
tatives of  the  people  to  assume  a  responsibility  which  did  not  belong  to 
them,  and  relieve  the  executive  branch  of  the  government  from  the  duty 
which  the  law  had  im[)osed  upon  it.  It  is  due  to  the  president  that  his 
object  in  that  proceeding  should  be  distinctly  understood,  and  that  he 
should  acquit  himself  of  all  suspicion  of  seeking  to  escape  from  the  per- 
formance of  his  own  duties,  or  of  desiring  to  interpose  another  body  be- 
tween himself  and  the  people,  in  order  to  avoid  a  measure  which  he  is 
called  upon  to  meet.  But  although,  as  an  act  of  justice  to  himself,  he 
disclaims  any  design  of  soliciting  the  opinion  of  the  house  of  representa- 
tives in  relation  to  his  own  duties,  in  order  to  shelter  himself  fiom  the  re- 
sponsibility under  the  sanction  of  their  council,  yet  he  is  at  all  times  ready 
to  listen  to  the  suggestions  of  the  representatives  of  thp  people,  whether 
given  voluntarily  or  u()on  solicitation,  and  to  consider  them  with  the  pro- 
found respect  to  which  all  will  admit  they  are  justly  entitled.  Whatetr- 
er  may  be  the  consequences,  howeveV,  to  himself,  he  must  finally  form 
his  own  judgment  where  the  constitution  and  the  law  make  it  his  duty  to 
decide,  and  must  act  accordingly,  and  he  is  bound  to  suppose  that  such  a 
course  on  his  part  will  never  be  regarded  by  that  elevated  body  as  a  mark 
of  disrespect  to  itself,  but  that  they  will,  on  the  contrary,  esteem  it  the 
strongest  evidence  he  can  give  of  his  fixed  resolution  conscientiously  to 
discharge  his  duty  to  them  and  his  country. 

A  new  state  ot  things  has,  however,  arisen  since  the  close  of  the  last 
session  of  congress,  and  evidence  has  since  been  laid  before  the  presi- 
dent, which  he  is  pursuaded  would  have  led  the  house  of  representatives 
to  a  different  conclusion,  if  it  had  come  to  their  knowledge.  The  fact 
that  the  bank  controls,  and  in  some  cases  substantially  owns,  and  by  its 
money  supports  some  of  the  leading  presses  of  the  country,  is  now  more 
clearly  established.  Editors  to  whom  it  loaned  extravagant  sums  in  1831 
and  lb32,  on  unusual  time  and  nominal  security,  have  since  turned  out  to 
be  insolvents;  and  to  others,  apparently  in  no  better  condition,  accomo- 
dations still  more  extravagant,  on  terms  more  unusual,  and  sometimes 
without  any  security,  have  also  been  heedlessly  granted. 

The  allegation  which  has  so  often   circulated  through  these  channels. 


160  ]  September, 

that  the  treasury  was  bankrupt,  find  the  bank  were  sustaining  it,  when 
for  manv  years  there  iias  not  been  less  on  an  average  than  six  millions  of 
public  money  in  that  institution,  might  be  passed  over  as  a  harmless  mis- 
representation; but  when  it  is  attempted  by  substantial  acts  to  impair  the 
credit  of  the  government,  and  tarnish  the  honor  of  the  country,  such 
chari^es  require  more  serious  attention.      With  six  milhons  of  public  mo- 
ney m  its  vaults,  after  having  had  the  use  of  from  five  to  twelve  millions 
for  nine  years,  without  interest,  it  became  the  purchaser  of  a  bill  drawn 
by  our  irovernment  on  that  of  France  for  about   900,000  dollars,  being 
the  firsiinstalment  of  the  French  indemnity.     The  purchase-money  was 
left  in  the  use  of  the  bank,  being  simply  added  to  the  treasury  deposites. 
The  bank  sold  the  bill  in  England,  and  the  holder  sent  it  to  France  for 
collection,  and  arrangements  not  having  been  made  by  the  French  go- 
vernment for  its  payment,  it  was  taken  up  by  the  agents  of  the  bank  in 
Paris  with  the  funds  of  the  bank  in  their  hands.     Under  these  circum- 
stances it  has,  through  its  organs,  openly  assailed  the  credit  of  the  go- 
vernment; and  has  actually  made,  and  persists  in  a  demand  of  15  per  cent, 
or  loS,742.77  dollars  as  damages,  when  no  damage  or  none  beyond  some 
trifling  expense,  has  in  fact  been  sustained;  and  when  the  bank  had  in  its 
own  possession,  ondeposite  several  millions  of  the  public  money,  which 
it  was  then  using  for  its  own  profit.     Is  a  fiscal  agent  of  the  government, 
which  thus  seeks  to  enrich  itself  at  the  expense  of  the  public,  worthy  of 
further  trust? 

There  are  other  important  facts  not  in  the  contemplation  of  the  house 
of  representatives,  or  not  known  to  the  members  at  the  time  they  voted 
for  the  resolution. 

Although  the  charter  and  the  rules  of  the  bank  both  declare  that  "not 
less  than  seven  directors"  shall  be  necessary  to  the  transaction  of  busi- 
ness, yet  the  most  important  business,  even  that  of  granting  discounts  to 
any  extent,  is  intrusted  to  a  committee  of  five  members,  who  do  not  re- 
port to  the  ijoard. 

To  cut  off  all  means  of  communication  with  the  government  in  relation 
to  its  own  most  important  acts,  at  the  commencement  of  the  present  year 
not  one  of  the  government  directors  was  placed  on  any  one  committee; 
and  although  since,  by  an  unusual  remodelling  of  those  bodies,  some  of 
those  directors  have  been  placed  on  some  of  the  committees,  they  are 
yet  entirely  excluded  from  the  committee  of  exchange,  through  which 
the  greatest  and  most  objectionable  loans  have  been  made. 

"When  the  government  directors  made  an  effort  to  bring  back  the  bu- 
siness of  the  bank  to  the  board,  in  obedience  to  the  charter  and  the  ex- 
isting regulations,  the  board  not  only  overruled  their  attempt,  but  altered 
the  rule,  so  as  to  make  it  conform  to  the  practice,  in  direct  violation  of 
one  of  the  most  miportant  provisions  of  the  charter  which  gave  them  ex- 
istence. 

It  has  long  been  known  that  the  president  of  the  bank  by  his  single 
will  originates  and  executes  many  of  the  most  important  measures  con- 
nected with  the  management  and  credit  of  the  bank;  and  that  the  com- 
mittee, as  well  as  the  board  of  directors,  are  left  in  entire  ignorance  of 
many  acts  done,  and  correspondence  carried  on,  in  their  name,  and  ap- 


1833.]  161 

parently  under  their  authority.     The  fact  has  heen  recently  disclosed, 
that  an  unlimited  discretion  has  been,  and  is  now,  vested  in  the  president 
of  the  bank,  to  expend  its  funds  in  payment  for  preparinir  and  circulating 
articles,  and  purchasing  pamphlets  and  ne\vspa[)ers,  calculated    by  their 
contents  to  operate  on  elections,  and  secure  a  renewal  of  its  charterr     It 
appears  from  the  otficial  report  of  the  public  directors,  that  on  the  30lh 
of  November,  1830,  the  president  submitted  to  the  board  an  article  pub- 
lished in  the  Jlmerican  Quarterly  Review^  containing  favourable  notices  of 
the  bank,  and  suggesting  the  expediency  of  giving  it  a  wider  circulation 
at  the  expense  of  the  bank;  whereupon  the   board  passed  the  following 
resolution,  viz: — 

'•Resolved, — That  the  president  be  authorised  to  tnke  such  measures 
in  regard  to  the  circulation  cf  the  contents  of  the  said  article,  either  in 
whole  or  in   part,  as  he  may  deem  most  for  the  interest  of  the  bank." 

By  an  entry  in  the  minutes  of  the  bank,  dated  March  11th,  1831, 
it  appears  that  the  president  had  not  only  caused  a  large  edition  of  that 
article  to  be  issued,  but  had  also,  before  the  resolution  of  the  30th  of  No- 
vember was  adopted,  procured  to  be  printed  and  widely  circulated  nu- 
merous copies  of  the  reports  of  General  Smith  and  Mr.  M'Dutfie  in  fa- 
vour of  the  bank,  and  on  that  day  he  suggested  the  expediency  of  extend- 
ing his  power  to  the  printing  ot  other  articles  which  might  subserve  the 
purposes  of  the  institution.  Whereupon  the  following  resolution  was 
adopted,  viz: — 

"Resolved, — That  the  president  is  hereby  authorised  to  cause  to  be 
prepared  and  circulated,  such  documents  and  papers  as  may  communicate 
to  the  people  information  in  regard  to  the  nature  and  operations  of  the 
bank." 

The  expenditures  purporting  to  have  been  made  under  authority  of 
these  resolutions,  during  the  years  1831  and  1832,  were  about  80,000 
dollars.     For  a  portion  of  these  expenditures  vouchers  were  rendered, 
from  which  it  appears  that  they  were  incurred  in  the  purchase  of  some 
hundred  thousand  copies  of  newspapers,  reports  and  speeches  made  in 
congress,  reviews  of  the  veto  message,  and  reviews  of  speeches  against 
the  bank,  &c.     For  another  large  portion  no  vouchers  whatever  were 
rendered,  but  the  various  sums  were  paid  on  orders  of  the  president  of 
the  bank,  making  reference  to  the  resolution  of  the  1 1th  of  March,  1831. 
On  ascertaining  these  facts,  and  perceiving  that  expenditures  of  a  si- 
milar character  were  still  continued,  the  government  directors  a  few 
weeks  ago  offered  a  resolution  to  the  board  calling  for  a  specific  account 
of  these  expenditures,   showing  the  objects  to  which  they  had  been  ap- 
plied, and  the  persons  to  whom  the  money  had  been  paid.     This  rea- 
sonable proposition  was  voted  down. 

They  also  offered  a  resolution,  rescinding  the  resolutions  of  Novem- 
ber, 1830,  and  March,  1831.     This  was  also  rejected. 

Not  content  with  thus  refusing  to  recall  the  obnoxious  power,  or  even 
to  require  such  an  account  of  the  expenditure  as  would  show  whether 
the  money  of  the  bank  had,  in  fact,  been  applied  to  the  objects  contem- 
plated by  those  resolutions,  as  obnoxious  as  they  were,  the  board  re- 
newed the  power  already  conferred,  and   even  enjoined  renewed  atten- 


162  [September, 

tion  to  its  exercise,  by  adopting  the  followino^  in  lieu  of  the  proposition 
submitted  by  the  croveinment  directors:— viz: 

''Resolvfd, — That  the  board  have  confidence  in  the  wisdom  and  in- 
teo-rily  of  ilie  president,  and  in  the  propriety  of  the  resolutions  of  the 
30ih  of  November,  1830,  and  the  11th  of  iMarch,  1831,  and  entertain  a 
full  conviction  of  the  necessif}'  of  a  renewed  attention  to  tiie  object  of 
those  resolutions,  and  tliat  the  president  be  authorised  and  requested  to 
continue  his  exertions  for  the  promotion  of  the  said  objeci." 

'i'aken  in  connexion  with  i!ie  natuie  of  the  expenditures  heretofore 
made,  as  recently  disclosed,  which  the  board  not  only  tolerate  but  ap- 
prove, this  resolution  puts  the  funds  of  the  bank  at  the  disposition  of  the 
president,  for  the  purpose  of  employing  the  whole  press  of  the  country 
in  the  service  of  the  bank,  to  hire  writers  and  newspapers,  and  to  pay 
out  such  sums  as  he  pleases,  to  what  persons  and  for  what  services  he 
pleases,  without  the  responsibility  of  rendering  any  specific  account. 
The  bank  is  thusconveited  into  a  vast  electioneering  engine,  with  means 
to  embroil  the  country  in  deadly  feuds,  and  under  cover  of  expenditures 
in  themselves  improper,  extend  its  corruption  through  all  the  ramifica- 
tions of  society. 

Some  of  the  items  for  which  accounts  have  been  rendered,  show  the 
construction  which  has  been  given  to  the  resolutions,  and  the  way  in 
which  the  power  it  confers  has  been  exerted.  The  money  has  not  been 
expended  merely  in  the  publication  and  distribution  of  speeches,  reports 
of  committees,  and  of  articles  written  for  the  purpose  of  showing  the 
constitutionality  or  usefulness  of  the  bank.  Publications  have  been  pre- 
pared and  extensively  circulated,  containing  the  grossest  invectives 
against  the  officers  of  the  government;  and  the  money  which  belongs  to 
the  stockholders  and  to  the  public,  has  been  freely  applied  in  efforts  to 
degrade  in  public  estimation  those  who  were  supposed  to  be  instrumental 
in  resisting  the  wislies  of  this  grasping  and  dangerous  Institution.  As 
the  president  of  the  bank  has  not  been  required  to  settle  his  accounts,  no 
one  but  himself  yet  knows  how  much  more  than  the  sum  already  men- 
tioned may  have  been  squandered,  and  for  which  a  credit  may  hereafter 
be  claimed  in  his  account,  under  this  most  extraordinary  resolution. 
Willi  these  facts  before  us,  can  we  be  surprised  at  the  torrent  of  abuse 
incessantly  poured  out  against  all  who  are  supposed  to  stand  in  the  way 
of  die  cupidity  or  ambition  of  the  Bank  of  the  United  Slates?  Can  we  be  sur- 
prised at  sudden  and  unexpected  changes  of  opinion  in  favour  of  an  insti- 
tution wdiich  has  millions  to  lavish,  and  avows  its  determination  not  to 
spare  its  means  when  they  are  necessary  to  accomplish  its  purposes? 
Tlie  refusal  to  render  an  account  of  the  nianner  in  which  a  part  of  the 
money  expended  has  been  applied,  gives  just  cause  for  the  suspicion  that 
it  has  been  used  for  purposes  which  it  is  not  deemed  prudent  to  expose 
to  the  eyes  of  an  intelligent  and  virtuous  people.  Those  who  act  justly 
do  not  shun  the  light,  nor  do  they  refuse  explanations  when  the  proprie- 
ty of  their  conduct  is  brought  into  question. 

With  these  facts  before  him,  in  an  official  report  from  the  government 
directors,  the  president  would  feel  that  he  was  not  only  responsible  for  all 
the  abuses  and  corruptions  the  bank  has  committed,  or  may  commit,  but 


1883],  163 

almost  an  accomplice  in  a  conspiracy  against  that  government  which  he 
had  sworn  honestly  to  administer,  if  he  did   not  take  every  step  within 
his  constitutional  and  legal  power,  likely  to  be  efficient  in  putting  an  end 
to  these  enormities.     If  it  be  possible,  within  the  scope  of  liuman  aftairs, 
to  find  a  reason  for  removing  the  government  deposites,  and  leaving  the 
bank  to  I's  own  resources  for  the  means  of  effecting  its  criminal  designs, 
we  have  it  here.   Was  it  expected,  when  the  moneys  of  the  United  States 
were  directed  to  be  placed  in  thai  bank,  that  they   would  be  put  under 
the  control  of  one  man,  empowered  to  spend  millions  without  rendering 
a  voucher  or  specifying  the  object.?     Can  they  be  considered  safe,  with 
the  evidence  before  us,  that  tens  of  thousands  have  been  spent  for  highly 
improper,  if  not  corrupt  purposes,  and  that  the  same  motive  may  lead  to 
the  expenditure  of  hundreds  of  thousands,  and  even  millions  more.''     And 
can  we  justify  ourselves  to  the  people  by  longer  lending  to  it  the  money 
and  the  power  of  the  government,  to  be  employed  for  such  purposes.? 

It  has  been  alleged  by  some,  as  an  objection  to  the  removal  of  the  de- 
posites, that  the  bank  has  the  power  and  in  that  event  will  have  the  dis- 
position, to  destroy  the  state  banks  employed  by  the  government,  and 
bring  distress  upon  the  country.  It  has  been  the  fortune  of  the  presi- 
dent to  encounter  dangers  which  were  represented  as  equally  alarming, 
and  he  has  seen  them  vanish  before  resolution  and  energy.  Pictures 
equally  appalling  were  paraded  before  him  when  this  bank  came  to  de- 
mand a  new  charter.  But  what  was  the  result.?  Has  the  country  been 
ruined,  or  even  distressed.?  Was  )t  ever  more  prosperous  than  since 
that  act.?  The  president  veiily  believes  that  the  bank  has  not  the  power 
to  produce  the|  calamities  its  friends  threaten.  The  funds  of  the  govern- 
ment will  not  be  annihilated  by  being  transferred — they  will  immediately 
be  issued  for  the  benefit  of  trade,  and  if  the  Bank  of  the  United  States 
curtails  its  loans,  the  state  banks,  strengthened  by  the  public  deposites 
will  extend  theirs.  What  comes  in  through  one  bank,  will  go  out  through 
others,  and  the  equilibrium  will  loe  preserved.  Should  the  hank,  for  the 
mere  purpose  of  producing  distress,  press  its  debtors  more  heavily  than 
some  of  them  can  bear,  the  consequences  will  recoil  upon  itself, — and  in 
the  attempts  to  embarrass  the  country,  it  will  only  bring  loss  and  ruin 
upon  the  holders  of  its  own  stock.  But  if  the  president  believed  the 
bank  possessed  all  the  power  udiich  has  been  atti-ibutcd  to  it,  his  deter- 
mination would  only  be  rendered  the  more  inflexible.  It^,  indeed,  this 
corporation  now  holds  in  its  hands  the  happiness  and  prosperity  of  the 
American  people,  it  is  high  time  to  take  the  alai-m.  If  the  despotism 
be  already  upon  us,  and  our  only  safety  is  in  the  mercy  of  the  despot, 
recent  developements  in  relation  to  his  designs,  andtlie  means  he  employs 
show  how  necessary  it  is  to  shake  it  off.  The  struggle  can  never  come 
with  less  distress  to  the  people,  nor  under  more  favourable  auspices, 
than  at  the  present  moment. 

All  doubt  as  to  the  willingness  of  the  state  banks  to  undertake  the  ser- 
vice ol  the  government  to  the  same  extent,  and  on  the  same  terms,  as  it 
is  now  performed  by  the  Bank  of  the  United  States,  is  put  to  rest  by  the 
report  of  the  agent  recently  employed  to  collect  information;  and  from 
that  willingness  their  own  safety  in  the  operation  may  be  confidently  in- 


164  [September 

lered.  Knowing  Uieir  own  resources  better  than  they  can  be  known  by 
ethers,  it  is  not  to  be  supposed  that  they  would  be  willins;  to  place  them- 
selves in  a  situation  which  they  caniiol  occupy  without  danger  of  annihi- 
lation or  embarrassment.  The  only  consideiation  applies  to  the  saiety  of 
the  public  funds,  it  deposited  in  those  institutions.  And  when  it  is  seen 
that  the  directors  of  many  of  them  are  not  only  wnUini^  to  pledj^e  the 
character  and  capital  of  the  corporations  in  giving  success  to  this  mea- 
sure, but  also  their  own  property  and  reputation,  w^e  cannot  doubt  that 
they,  at  least,  believe  the  public  deposites  would  be  safe  in  their  man- 
a^-ement.  The  president  thinks  that  these  facts  and  circumstances  afford 
as  strong  a  guarantee  as  can  be  had  in  human  affairs  for  the  safety  of  the 
public  funds,  and  the  practicability  of  a  new  system  of  collection  and 
disbursement  through  the  agency  of  the  state  banks. 

From  all  ihese  considerations,  the  piesident  thinks  that  the  state  banks 
ought  immediately  to  be  employed  in  the  collection  and  disbursement  of 
the  j)ublic  revenue,  and  the  funds  now  in  the  Barik  of  the  United  States 
drawn  out  with  all  convenient  despatch.  The  safety  of  the  public  mo- 
neys, if  deposited  in  the  state  banks,  must  be  secured  beyond  all  reasona- 
ble doubts-,  but  V  e  extent  and  nature  of  the  security,  m  addition  to  their 
capital,  if  any  be  deemed  necessary,  is  a  subject  oi  detail  to  which  the 
treasury  department  will  undoubtedly  give  its  anxious  attention.  The 
banks  to  be  employed  must  remit  the  moneys  of  the  government  without 
chaiice,  as  the  Bank  of  the  United  States  now  does;  must  render  all  the 
services  which  that  bank  now  j)erfoi'ms;  must  keep  the  government  ad- 
vised of  their  situation  by  periodical  returns;  in  fine,  in  any  arrange- 
ment with  tlie  state  oanks,  the  government  must  not,  in  any  respect,  be 
placed  on  a  worse  footing  than  it  now  is.  The  president  is  happy  to 
perceive,  by  the  report  of  the  agent,  that  the  banks  which  he  has  con- 
sulted have  in  general  consented  to  perform  the  service  on  these  terms, 
and  that  those  in  New-York  have  further  agreed  to  make  payments  in 
London  without  other  cliarge  than  theuK  re  cost  of  the  bills  of  exchange. 

It  should  also  be  enjoined  on  any  banks  which  may  be  employed,  that 
it  will  he  expected  ol'lhem  to  facilitate  don^.estic  exchanges  for  the  bene- 
fit of  intei-nal  commerce;  to  grant  all  reasonable  facilities  to  the  payers  of 
the  levenue;  to  exercise  the  utmost  liberality  towards  the  other  state 
banks;  and  to  do  nothing  uselessly  to  embarrass  the  Bank  of  the  United 
States. 

As  one  of  the  most  serious  objections  to  the  Bank  of  the  United  States 
is  the  power  which  it  concentrates,  care  must  be  taken,  in  finding  other 
agents  lor  the  service  of  the  ti'easury,  not  to  raise  up  another  power 
equally  formidable.  Although  it  would  probably  be  impossible  to  pro- 
duce such  a  result  by  any  organization  of  the  state  banks  which  could 
be  devised,  yet  it  is  desirable  to  avoid  even  the  appearance.  To  this 
end  it  vvoultl  be  expedient  to  assume  no  more  power  over  them,  and  in- 
terfere no  more  in  their  all'airs  than  might  be  absolutely  necessary  to  the 
security  of  the  public  deposites,  and  the  faithful  perlorir.ance  of  their 
duties  as  agents  o!  the  treasury.  Any  interference  by  them  in  the  politi- 
cal contests  of  the  country,  wilii  a  view  to  influence  elections,  ought,  ia 


ISaS.]  165 

the  opinion  of  the  president,  to  be  followed  by  an  immediate  discharge 
from  the  public  service. 

It  is  the  desire  of  the  president  that  the  control  of  the  banks  and  the 
currency  shall,  as  far  as  possible,  be  entirely  separated  from  the  politi- 
cal power  of  the  country,  as  well  as  wrested  from  an  institution  which 
has  already  attempted  to  subject  the  government  to  its  will.  In  his  opin- 
ion, the  action  of  the  general  government  on  this  subject,  ought  not  to  ex- 
tend beyond  the  grant  in  the  constitution,  which  only  authorizes  congress 
"to  coin  money  and  regulate  the  value  thereof;"  all  else  belongs  to  the 
states  and  the  people,  and  must  be  regulated  by  public  opinion  and  the 
interests  of  trade. 

In  conclusion,  the  president  must  be  permitted  to  remark  that  he  looks 
upon  the  pending  question  as  of  higher  consideration  than  the  mere  trans- 
fer of  a  sum  of  money  from  one  bank  to  another.  Its  decision  may  af- 
fect the  character  of  our  government  for  ages  to  come.  Should  the  bank 
be  suffered  longer  to  use  the  public  money  in  the  ^accomplishment  of  its 
purposes,  with  the  proofs  of  its  faithlessness  and  corruption  before  our 
eyes,  the  patriotic  among  our  citizens  will  despair  of  success  in  struggling 
against  its  power,  and  we  shall  be  responsible  for  entailing  it  upon  our 
country  for  ever.  Viewing  it  as  a  question  of  transcendant  importance, 
both  in  the  principles  and  consequences  it  involves,  the  president  could 
not,  in  justice  to  the  responsibility  which  he  owes  to  the  country,  refrain 
from  pressing  upon  the  secretary  of  the  treasury  his  view  of  the  consid- 
erations which  impel  to  immediate  action.  Upon  him  has  been  devolved, 
by  the  constitution  and  the  suffrages  of  the  American  people,  the  duty  of 
superintending  the  operation  of  the  executive  departments  of  the  govern- 
ment, and  seeing  that  the  laws  are  fahhfully  execuied. 

In  the  performance  of  this  high  trust,  it  is  his  undoubted  right  to  express 
to  those  whom  the  laws  and  his  own  choice  have  made  his  associates  in 
the  administration  of  the  government,  his  opinion  of  their  duties,  under 
circumstances  as  they  arise.  It  is  this  right  which  he  now  exercises. 
Far  be  it  from  him  to  expect  or  require,  that  any  member  of  the  cabinet 
should,  at  his  request,  order,  or  dictation,  do  any  act  which  he  beheves 
unlawful,  or  in  his  conscience  condemns.  From  them,  and  from  his  fel- 
low-citizens in  general,  he  desires  only  that  aid  and  support  which  their 
reason  approves  and  their  conscience  sanctions. 

In  the  remarks  he  has  made  on  this  all-important  question,  he  trusts 
the  secretary  of  the  treasury  will  see  only  the  frank  and  respectful  dec- 
larations of  the  opinions  which  the  president  has  formed  on  a  measure 
of  great  national  interest,  deeply  affecting  the  character  and  usefulness  of 
his  administration;  and  not  a  spirit  of  dictation,  which  the  president  would 
be  as  careful  to  avoid,  as  ready  to  resist.  Happy  will  he  be,  if  the  facts 
now  disclosed  produce  uniformity  of  opinion  and  unity  of  action  among 
the  members  of  the  administration. 

The  president  again  repeats,  that  he  begs  his  cabinet  to  consider  the 
proposed  measure  as  his  own,  in  the  support  of  which  he  shall  require  no 
one  of  them  to  make  a  sacrifice  of  opinion  or  principle.     Its  responsi- 
bility has  been  assumed,  after  the  most  mature  deliberation  and  reflec- 
^1 


166  [September 

tion,  as  necessary  to  preserve  the  morals  of  the  people,  the  freedom  of 
the  press,  and  the  purity  of  the  elective  fraochise,  wilbofrt  which  all  will 
unite  in  saying  that  the  blood  and  treasure  expended  by  our  forefathers 
in  the  establishment  of  our  happy  system  of  governiDent,wiII  have  been 
vain  and  fruitless.  Under  these  convictions,  he  feels  that  a  measure  so 
important  to  the  American  people  cannot  be  commenced  too  soon;  and 
he  therefore  names  the  1st  day  of  October  next  as  a  period  proper  for 
the  change  of  the  deposites,  or  sooner,  provided  the  necessary  arrange- 
ments with  the  state  banks  can  be  made. 

ANDREW  JACKSON. 


MESSAGE  TO  CONGRESS. 


Commiuiicated  December  3,  1833. 


MESSAGE  TO  CONGRESS- 


Coniniunicated  December  3,  1833. 


Fellow  citizens  of  the  Senate 

and  House  of  Representatives: 

On  your  assembling  to  perform  the  high  trusts  which  the  people  of 
the  United  States  have  confided  to  you,  of  legislating  for  their  common 
welfare,  it  gives  me  pleasure  to  congratulate  you  upon  the  happy  con- 
dition of  our  beloved  country.  By  the  favor  of  Divine  Providence, 
health  is  again  restored  to  us:  peace  reigns  within  our  borders:  abundance 
crowns  the  labors  of  our  fields:  commerce  and  domestic  industry  flourish 
and  increase:  and  individual  happiness  rewards  the  private  virtue  and  en- 
terprise of  our  citizens. 

Our  condition  abroad  is  no  less  honorable  than  it  is  prosperous  at 
home.  Seeking  nothing  that  is  not  right,  and  determined  to  submit  to 
nothing  that  is  wrong,  but  desiring  honest  friendship  and  liberal  in- 
tercourse with  all  nations,  the  United  States  have  gained  through- 
out the  world  the  confidence  and  respect  which  are  due  to  the  character 
of  the  American  people,  and  to  a  policy  so  just,  and  so  congenial  to  the 
spirit  of  their  institutions. 

In  bringing  to  your  notice  the  particular  state  of  our  foreign  affairs,  it 
affords  me  high  gratification  to  inform  you,  that  they  are  in  a  condition 
which  promises  the  continuance  of  friendship  with  all  nations. 

With  Great  Britain  the  interesting  question  of  our  northeastern  bound- 
ary remains  still  undecided.  A  negotiation,  however,  upon  that  subject 
has  been  renewed  since  the  close  of  the  last  congress;  and  a  proposition 
has  been  submitted  to  the  British  government  with  the  view  of  establish- 
ing, in  conformity  with  the  resolution  of  the  Senate,  the  line  designated 
by  the  treaty  of  1783.  Though  no  definitive  answer  has  been  received, 
it  may  be  daily  looked  for,  and  I  entertain  a  hope  that  the  overture  may 
ultimately  lead  to  a  satisfactory  adjustment  of  this  important  niatter. 

I  have  the  satisfaction  to  inform  you  that  a  negotiation,  which,  by  de- 
sire of  the  house  of  representatives,  was  opened,  some  years  ago,  with  the 
British  government,  for  the  erection  of  light  houses  on  the  Bahamas,  has 


170  [December, 

been  successful.  Those  works,  when  completed,  together  with  those 
which  the  United  States  have  constructed  on  the  western  side  of  the 
gulf  of  Florida,  will  contribute  essentially  to  the  safety  of  navigation  in 
that  sea.  This  joint  participation  in  establishments  interesting  to  human- 
ity and  beneficial  to  commerce,  is  worthy  of  two  enlightened  nations, 
and  indicates  feelings  which  cannot  fail  to  have  a  happy  influence  upon 
their  political  relations.  It  is  gratifying  to  the  friends  of  both  to  perceive 
that  the  intercourse  between  the  two  people  is  becoming  daily  more  ex- 
tensive, and  that  sentiments  of  mutual  good  w^illhave  grown  up,  befitting 
their  common  origin,  justifying  the  hope,  that  by  wise  counsels  on  each 
side,  not  only  unsettled  questions  may  be  satisfactorily  terminated,  but 
new  causes  of  misunderstanding  prevented. 

Notwithstanding  that  I  continue  to  receive  the  most  amicable  assuran- 
ces from  the  government  of  France,  and  that  in  all  other  respects  the 
most  friendly  relations  exist  between  the  United  States  and  that  govern- 
ment, it  is  to  be  regretted  that  the  stipulations  ot  the  convention  conclu- 
ded on  the  4th  July,  1831,  remain,  in  some  important  parts,  unfulfilled. 

B}'  the  second  article  of  that  convention,  it  was  stipulated  that  the  sum 
payable  to  the  United  States,  should  be  paid  at  Paris,  in  six  annual  in- 
stalments, into  the  hands  of  such  person  or  persons  as  should  be  authoris- 
ed by  the  government  of  the  United  States  to  receive  it;  and  by  the  same 
article  the  first  instalment  was  payable  on  the  second  day  of  February, 
1833.  By  the  act  of  congress  of  the  13th  July,  1832,  it  was  made  the 
duty  of  the  secretary  of  the  treasury,  to  cause  the  several  instalments, 
with  the  interest  thereon,  to  be  received  from  the  French  government, 
and  transferred  to  the  United  States,  in  such  manner  as  he  may  deem 
best;  and  by  the  same  act  of  congress,  the  stipulations  on  the  part  of  the 
United  States,  in  the  convention,  were,  in  all  respects,  fulfilled.  Not 
doubting  that  a  treaty  thus  made,  and  ratified  by  the  two  governments, 
and  faithfully  executed  by  the  United  States,  would  be  promptly  com- 
plied with  by  the  other  party,  and  desiring  to  avoid  the  risk  and  expense 
of  intermediate  agencies,  the  secretary  of  the  treasury  deemed  it  advis- 
able to  receive  and  transfer  the  first  instalment  by  means  of  a  draft  upon 
the  French  minister  of  finance.  A  draft  for  this  purpose  was  according- 
ly drawn  in  favor  of  the  cashier  of  the  bank  of  the  United  States,  for  the 
amount  accruing  to  the  United  States  out  of  the  first  instalment  and  the 
interest  payable  with  it.  This  bill  was  not  drawn  at  Washington  until 
five  days  after  the  instalment  was  payable  at  Paris,  and  was  accompanied 
by  a  special  authority  from  the  president,  authorising  the  cashier,- or  his 
assigns,  to  receive  the  amount. — The  mode  thus  adopted  of  receiving 
the  instalment,  vvas  officially  made  known  to  the  French  government,  by 
the  American  charge  d'affaires  at  Paris,  pursuant  to  instructions  from  the 
department  of  state.  The  bill,  however,  though  not  presented  for  pay- 
ment until  the  twenty- third  day  of  March,  was  not  paid,  and  for  the  rea- 
son assigned  by  the  French  minister  of  finance,  that  no  appropriation  had 
been  made  by  the  French  chambers.  It  is  not  known  to  me  that,  up  to 
that  period,  any  appropriation  had  been  required  of  the  chambers;  and 
although  a  communication  was  subsequently  made  to  the  chambers,  by 
direction  of  the  king,  recommending  that  the  necessary  provision  should 


1833.]  171 

be  made  for  carrying  the  convention  into  effect,  it  was  at  an  advanced 
period  of  the  session,  and  the  subject  w^as  finally  postponed  until  the  next 
meeting  of  the  chambers. 

Notwithstanding  it  has  been  supposed  by  the  French  ministry,  that  the 
financial  stipulations  of  the  treaty  cannot  be  carried  into  effect  without 
an  appropriation  by  the  chambers,  it  appears  to  me  not  only  consistent 
with  the  charter  of  France,  but  due  to  the  character  of  both  governments, 
as  well  as  to  the  rights  of  our  citizens,  to  treat  the  convention  made  and 
ratified,  in  proper  form,  as  pledging  the  good  faith  of  the  French  gov- 
ernment for  its  execution,  and  as  imposing  upon  each  department  an  ob- 
ligation to  fulfil  it;  and  I  have  received  assurances  through  our  charge 
d'affaires  at  Paris,  and  the  French  minister  plenipotentiary  at  Washington, 
and  more  recently  through  the  minister  of  the  U.  States  at  Paris,  that 
the  delay  has  not  proceeded  from  any  indisposition  on  the  part  of  the 
king  and  his  ministers,  to  fulfil  the  treaty,  and  that  measures  will  be  pre- 
sented at  the  next  meeting  of  the  chambers,  and  with  a  reasonable  hope 
of  success,  to  obtain  the  necessary  appropriation.  \ 

It  is  necessary  to  state,  however,  that  the  documents,  except  certain 
lists  of  vessels  captured,  condemned,  or  burnt  at  sea,  proper  to  facilitate 
the  examination  and  liquidation  of  the  reclamations  comprised  in  the  stipu- 
lations of  the  convention,  and  which,  by  the  6th  article,  France  engaged  to 
communicate  to  the  United  States  by  the  intermediary  of  the  legation, 
though  repeatedly  applied  for  by  the  American  charge  d'affaires,  under 
instructions  from  this  government,  have  not  yet  been  communicated;  and 
this  delay,  it  is  apprehended,  will  necessarily  prevent  the  completion  of 
the  duties  assigned  to  the  commissioners  within  the  time  at  present  pre- 
scribed by  law. 

The  reasons  for  delaying  to  communicate  these  documents  have  Bot 
been  explicitly  stated,  and  this  is  the  more  to  be  regretted,  as  it  is  not 
understood  that  the  interposition  of  the  chambers  is  in  any  manner  re- 
quired for  the  delivery  of  those  papers. 

Under  these  circumstances,  in  a  case  so  important  to  the  interests  of 
our  citizens  and  to  the  character  of  our  country,  and  under  disappoint- 
ments so  unexpected,  I  deemed  it  my  duty,  however  I  might  respect  the 
general  assurances  to  which  I  have  adverted,  no  longer  to  delay  the  ap- 
pointment of  a  minister  plenipotentiary  to  Paris,  but  to  despatch  him  in 
season  to  communicate  the  result  of  his  application  to  the  French  govern- 
ment at  an  early  period  of  your  session.  I  accordingly  appointed  a  dis- 
tinguished citizen  for  this  purpose,  who  proceeded  on  his  mission  in  Au- 
gust last,  and  was  presented  to  the  king,  early  in  the  month  of  October. 
He  is  particularly  instructed  as  to  all  matters  connected  with  the  present 
posture  of  affairs,  and  I  indulge  the  hope  that,  with  the  representations  he 
is  instructed  to  make,  and  from  the  disposition  manifestei  by  the  king 
and  his  ministers,  in  their  recent  assurances  to  our  minister  at  Paris,  the 
subject  will  be  early  considered  and  satisfactorily  disposed  of  at  the  next 
meeting  of  the  chambers. 

As  this  subject  involves  important  interests  and  has  attracted  a  consid- 
erable share  of  the  public  attention,  I  have  deemed  it  proper  to  make 
his  explicit  statement  of  its  actual  condition;  and  should  I  be  disappoiat- 


172  [December, 

ed  in  the  hope  now  entertained,  the  subject  will  be  again  brought  to  the 
notice  of  congress  in  such  a  manner  as  the  occasion  may  require. 

The  friendly  relations  which  have  always  been  maintained  between 
the  United  States  and  Russia,  have  been  further  extended  and  strength- 
ened by  the  treaty  of  navigation  and  commerce,  concluded  on  the  6th  of 
December  last,  and  sanctioned  by  tiie  senate  before  the  close  of  its  last 
session.  The  ratiilcations  having  been  since  exchanged,  the  liberal  pro- 
visions of  the  treaty  are  now  in  full  force;  and,  under  the  encourage- 
ment which  tliey  have  received,,  a  flourishing  and  increasing  commerce, 
yielding  its  benefits  to  the  enterprize  of  both  nations,  affords  to  each  the 
just  recompense  of  wise  measures,  and  adds  new  motives  for  that  mutual 
friendship  which  the  two  countries  have  hitherto  cherished  towards  each 
other. 

It  affords  me  peculiar  satisfaction  to  state,  that  the  government  of 
Spain  has  at  length  yielded  to  the  justice  of  the  claims  which  have  been 
so  long  urged  in  behalf  of  our  citizens,  and  has  expressed  a  willingness 
to  provide  an  indemnification,  as  soon  as  the  proper  amount  can  be 
agreed  upon.  Upon  this  latter  point,  it  is  probable  an  understanding  had 
taken  place  between  the  minister  of  the  United  States  and  the  Spanish 
government  before  the  decease  of  the  late  king  of  Spain;  and,  unless  that 
event  may  have  delayed  its  completion,  there  is  reason  to  hope  that  it 
may  be  in  my  power  to  announce  to  you,  early  in  your  present  session, 
the  conclusion  of  a  convention  upon  terms  not  less  favorable  than  those 
entered  into  for  similar  objects  with  other  nations.  That  act  of  justice 
would  well  accord  with  the  character  of  Spain,  and  is  due  to  the  United 
States  from  their  ancient  friend.  It  could  not  fail  to  strengthen  the  sen- 
timents of  amity  and  good  will  between  the  two  nations,  which  it  is  so 
much  the  wish  of  the  United  States  to  cherish,  and  so  truly  the  interest 
of  both  to  maintain. 

By  the  first  section  of  an  act  of  congress  passed  on  the  13th  July,  1832, 
tlie  tonnage  duty  on  Spanish  ships  arriving  from  the  pofts  of  Spain,  was 
limited  to  the  duty  payable  on  American  vessels  in  the  ports  of  Spain, 
previous  to  the  20th  October,  1817,  being  five  cents  per  ton.  The  act 
was  intended  to  give  eftiect,  on  our  side,  to  an  arrangement  made  with 
the  Spanish  government,  by  which  discriminating  duties  of  tonnage  were 
abolished  in  the  ports  of  the  United  States  and  Spain,  on  the  vessels  of 
the  two  nations.  Pursuant  to  that  arrangement,  which  was  carried  into 
effect  on  the  pait  of  Spain,  on  the  20th  of  May  1832,  by  a  royal  order 
dated  the  29tli  of  April,  1532,  American  vessels  in  the  ports  of  Spain  have 
paid  five  cents  per  ton,  which  rate  of  duty  is  also  paid  in  those  ports  by 
Spanish  ships;  but  as  American  vessels  pay  no  tonnage  duty  in  the  ports 
of  the  United  States,  the  duty  of  five  cents  payable  in  our  ports  by  Spanish 
vessels,  under  the  act  above  mentioned,  is  really  a  discriminating  duty, 
operating  to  the  disadvantage  ot  Spain.  Though  no  complaint  has 
yet  been  made  on  the  part  of  Spain,  we  are  not  the  less  bound  by  the 
obligations  of  good  faith,  to  remove  the  discrimination;  and  I  recommend 
that  tlie  act  be  amended  accordingly.  As  the  royal  order,  above  allud- 
ed to,  includes  the  ports  of  the  Balearic  and  Canary  islands,  as  well  as 
those  of  Spain,  it  would  seem  that  the  provisions  of  the  act  of  congress 


1833.]  173 

should  be  equally  extensive;  and  that  for  the  repayment  of  such  duties  as 
may  have  been  improperly  received,  an  addition  should  be  made  to  the 
sum  appropriated  at  the  last  session  of  conj^ress  for  refunding  discrimi- 
nating duties. 

As  the  arrangement  referred  to,  however,  did  not  embrace  the  islands 
of  Cuba,  and  Porto  Rico,  discriminating  duties,  to  the  prejudice  of 
American  sliipping,  continue  to  be  levied  there.  From  the  extent  of  the 
commerce  carried  on  between  the  United  Slates  and  those  islands,  par- 
ticularly the  former,  this  discrimination  causes  serious  injury  to  one  of 
those  great  national  interests  which  it  has  been  considered  an  essential 
part  of  our  policy  to  cherish,  and  has  given  rise  to  complaints  on  the 
part  of  our  merchants.  Under  instructions  given  to  our  minister  at  Mad- 
rid, earnest  representations  have  been  made  by  him  to  the  Spanish  go- 
vernment upon  tliis  subject,  and  there  is  reason  to  expect,  from  the 
friendly  disposition  which  is  entertained  towards  this  country,  that  a  be- 
neficial change  will  be  produced.  The  disadvantage,  however,  to  which 
our  shipping  is  subjected  by  the  operation  of  these  discriminating  duties, 
requires  that  they  be  met  by  suitable  countervailing  duties  during  your 
present  session — power  being  at  t!ie  same  time  vested  in  the  president 
to  modify  or  discontinue  them,  as  the  discriminating  duties  on  American 
vessels  or  their  cargoes  may  be  modified  or  discontinued  at  those  islands. 
Intimations  have  been  given  to  the  Spanish  government,  that  the  United 
States  may  be  obliged  to  resort  to  such  measures  as  are  of  necessary 
self-defence;  and  there  is  no  reason  to  apprehend  that  they  would  be  un- 
favorably received.  The  proposed  proceeding,  if  adopted,  would  not 
be  permitted,  however,  in  any  degree  to  induce  a  relaxation  in  the  ef- 
forts of  our  minister  to  effect  a  repeal  of  this  irregularity,  by  friendly  ne- 
gotiation; and  it  might  serve  to  give  force  to  his  representations,  by 
showing  the  dangers  to  which  that  valuable  trade  is  exposed,  by  the  ob- 
structions and  burthens  which  a  system  of  discriminating  and  counter- 
vailing duties  necessarily  produces. 

The  selection  and  preparation  of  the  Florida  archives,  for  the  purpose 
of  being  delivered  over  to  the  United  States,  in  conformity  with  the  royal 
order,  as  mentioned  in  my  last  annual  message,  though  in  progress,  has 
not  yet  been  completed.  This  delay  has  been  produced,  partly  by  causes 
which  were  unavoidable,  particularly  the  prevalence  of  cholera  at  Hav- 
ana; but  measures  have  been  taken,  which  it  is  believed  will  expedite  the 
delivery  of  those  important  records. 

Congress  were  informed,  at  the  opening  of  the  last  session,  that, 
"owing  , as  was  alleged,  to  embarrassments  in  the  finances  of  Portugal, 
consequent  upon  the  civil  war  in  which  that  nation  was  engaged,"  pay- 
ment had  been  made  of  only  one  instalment  of  the  amount  which  the  Por- 
tuguese government  had  stipulated  to  pay  for  indemnifying  our  citizens 
for  property  illegally  captured  in  the  blockade  of  Terceira.  Since  that 
time,  a  postponement  for  two  years,  with  interest,  of  the  two  remaining 
instalments,  was  requested  by  the  Portugese  government;  and  as  a  consi- 
deration, it  offered  to  stipulate  that  rice  of  the  United  States  should  be 
admitted  into  Portugal,  at  the  same  duties  as  Brazilian  rice.  Being 
22 


174  [December, 

satisfied  that  no  better  arrangement  could  be  made,  my  consent  was  given; 
and  a  roval  order  of  the  king  of  Portugal  was  accordingly  issued  on  the 
4th  of  February  last,  for  the  reduction  of  the  duty  on  rice  of  the  United 
States.  It  would  give  me  great  pleasure  if,  in  speaking  of  that  country, 
in  whose  prosperity  the  United  States  are  so  mucli  interested,  and  with 
whom  a  long  subsisting,  extensive  and  mutually  advantageous  commercial 
intcicourse  has  strengthened  the  relations  of  friendship,  I  could  announce 
to  you  the  restordtion  of  its  internal  tranquilliiy. 

Subsequently  to  the  commencement  of  the  last  session  of  congress,  the 
final  instalment  payable  by  Denmark,  under  the  convention  of  the  28th 
day  of  March,  1830,  was  received.  The  commissioners  for  examining 
the  claims  have  since  terminated  their  labours,  and  their  awards  have 
been  paid  at  the  treasury  as  they  have  been  called  for.  The  justice  ren- 
dered to  our  citizens  by  that  government,  is  thus  completed,  and  a  pledge 
is  thereby  afforded  for  the  maintenance  of  tliat  friendly  intercourse  be- 
coming the  relations  that  the  two  nations  mutually  bear  to  each  other. 

It  is  satisfactory  to  inform  you  that  the  Danish  government  have  re- 
cently issued  an  ordinance  by  which  the  commerce  of  the  islands  of  St. 
Croix  is  placed  on  a  more  liberal  footing  than  heretofore.  This  change 
cannot  fail  to  prove  beneficial  to  the  trade  between  the  United  States  and 
that  colon} ;  and  the  advantages  likely  to  flow  from  it  may  lead  to  greater 
relaxations  in  the  colonial  systems  of  other  nations. 

TJie  ratifications  of  the  convention  with  the  king  of  the  Two  Sicilies, 
have  been  duly  exchanged,  and  the  commissioners  appointed  for  exam- 
ining the  claims  under  it,  have  entered  upon  the  duties  assigned  to  then> 
by  law.  The  friendship  that  the  interests  of  tlie  two  nations  require  of 
them,  being  now  established,  it  may  be  hoped  tiiat  each  will  enjoy  the 
benefits  which  a  liberal  commerce  should  yield  to  both. 

A  treaty  of  amity  and  commerce  between  the  United  States  and  Bel- 
gium, was  concluded  during  the  last  winter,  and  received  the  sanction  of 
the  senate:  but  the  exchange  of  the  ratifications  lias  been  hitherto  delay- 
ed, in  consequence,  in  the  first  instance,  of  some  delay  in  the  reception 
of  the  treaty  at  Brussels,  and  subsequently,  of  the  absence  of  the  Belgian 
minister  of  foreign  afiairs,  at  the  important  conference  in  which  his  go- 
vernment is  engaged  at  London. 

That  treaty  does  but  embody  those  enlarged  principles  of  friendly 
policy,  which,  it  is  sincerely  hoped,  will  always  regulate  the  conduct  of 
the  two  nations,  having  such  strong  motives  to  maintain  amicable  rela- 
tions towards  each  other,  and  so  sincerely  desires  to  cherish  them. 

With  all  the  other  European  powers  with  whom  the  United  States 
have  formed  diplomatic  relations,  and  with  the  Sublime  Porte,  the  best 
understanding  prevails.  From  all  I  continue  to  receive  assurances  of 
good  will  towards  the  United  States — assurances  which  it  gives  me  no 
less  pleasure  to  recijjrocate  than  to  receive.  With  all,  the  engagements 
which  have  been  entered  into,  are  fulfilled  with  good  faith  on  both  sides. 
Measures  have  also  been  taken  to  enlarge  our  friendly  relations  and  ex- 
tend our  commercial  intercourse  with  other  states.  The  system  we  fiave 
pursued  of  aiming  at  no  exclusive  advantages,  of  dealing  with  all  on 
terms  of  fair  and  equal   reciprocity,  and  of  adhering  scrupulously  to  all 


1838.]  175 

our  engagements,  is  well  calculated  to  give  success  to  efforts  Intended  to 
be  mutually  beneficial. 

The  wars  of  which  the  southern  part  of  this  continent  was,  so  long, 
the  theatre,  and  which  were  carried  on,  either  by  the  mother  country 
against  the  states  which  had  formerly  been  her  colonies,  or  by  the  states 
against  each  other,  having  terminated,  and  their  civil  dissensions  Iiaving 
so  far  subsided,  as,  with  ^ew  exceptions,  no  longer  to  disturb  the  public 
tranquillity,  it  is  earnestly  hoped  those  states  will  be  able  to  employ 
themselves  without  interruption  in  perfecting  their  institutions,  cultivating 
the  arts  of  peace,  and  promoting,  by  wise  counsels  and  able  exertions,  the 
public  and  private  prosperity  which  their  patriotic  struggles  so  well  en- 
titled them  to  enjoy. 

With  those  states  our  relations  have  undergone  but  little  change  during 
the  present  year.  No  reunion  having  yet  taken  place  between  the  states 
which  composed  the  republic  of  Colombia,  our  charge  d'affaires  at  Bogota 
has  been  accredited  to  the  government  of  New  Granada,  and  we  have 
therefore  no  diplomatic  relations  with  Venezuela  and  Equator,  except  as 
they  may  be  included  in  those  heretofore  formed  with  the  Colombian  re- 
public. It  is  understood  that  representatives  from  the  three  states  were 
about  to  assemble  at  Bogota,  to  confer  on  the  subject  of  their  mutual  in- 
terests, particularly  that  of  their  union;  and  if  the  result  should  render  it 
necessary,  measures  will  be  taken  on  our  part  to  preserve  with  each  that 
friendship  and  those  liberal  commercial  connections  which  it  has  been  the 
constant  desire  of  the  United  States  to  cultivate  with  their  sister  repub- 
lics of  this  hemisphere.  Until  the  important  question  of  reunion  shall 
be  settled,  however,  the  different  matters  which  have  been  under  discus- 
sion between  the  United  States  and  the  republic  of  Colombia,  or  either 
of  the  states  which  composed  it,  are  not  likely  to  be  brought  to  a  satis- 
factory issue. 

In  consequence  of  the  illness  of  the  charge  d'affaires  appointed  to  Cen- 
tral America  at  the  last  session  of  congress,  he  was  prevented  from  pro- 
ceeding on  his  mission  until  the  month  of  October.  It  is  hoped,  however, 
that  he  is  by  this  time  at  his  post,  and  that  the  official  intercourse,  unfor- 
tunately so  long  interrupted,  has  been  thus  renewed  on  the  part  of  the 
two  nations,  so  amicably  and  advantageously  connected  by  engagements 
founded  on  the  most  enlarged  principles  of  commercial  reciprocity. 

It  is  gratifying  to  state  that  since  my  last  annual  message,  some  of  the 
most  important  claims  of  our  fellow  citizens  upon  the  government  of 
Brazil  have  been  satisfactorily  adjusted,  and  a  reliance  is  placed  on  the 
friendly  dispositions  manifested  by  it  that  justice  will  also  be  done  in  oth- 
ers. No  new  causes  of  complaint  have  arisen:  and  the  trade  between  the 
two  countvies  flourishes  under  the  encouragement  secured  to  it  by  the 
liberal  provisions  of  the  treaty. 

It  is  cause  of  regret,  that  owing  probably  to  the  civil  dissensions 
which  have  occupied  the  attention  of  the  Mexican  government,  the  time 
fixed  by  the  treaty  of  limits  with  the  U.  States  for  the  meeting  of  the 
commissioners  to  define  the  boundaries  between  the  two  nations,  has 
been  suffered  to  expire  without  the  appointment  of  any  commissioners 
on  the  part  of  that  government.     While  the  true  boundary  remains  in 


176  .  [December, 

doubt  bj  either  party,  it  is  difficult  to  give  effect  to  those  measures  which 
are  necessary  to  the  protection  and  quiet  ot"  our  numerous  citizens  resid- 
-ino-  near  that  frontier.  The  subject  is  one  of  great  solicitude  to  the 
United  States,  and  will  not  lail  to  receive  my  earnest  attention. 

The  treaty  concluded  with  Chili,  and  approved  by  the  senate  at  its 
last  session,  was  also  latified  by  the  Chilian  government, but  with  certain 
additional  and  explanatory  artich  s  of  a  nature  to  iiave  required  it  to  be 
a"-ain  submitted  to  the  senate.  The  time  limited  for  the  exchange  of  the 
ratifications,  however,  having  since  expired,  the  action  of  both  govern- 
ments on  the  treaty  will  again  become  necessary. 

The  negotiation  commenced  with  the  Argentine  republic,  relative  to 
the  outiages  committed  on  our  vessels  engaged  in  the  fisheries  at  the 
Falkland  islands,  by  persons  acting  under  the  color  of  its  authority,  as 
as  well  as  the  other  matters  in  controversy  between  the  two  governments, 
have  been  suspended  by  the  departure  of  the  charge  d'affaires  of  the 
United  States  from  Buenos  Ayres.  It  is  understood,  however,  that  a 
minister  was  subsequently  appointed  by  that  government  to  renew  the 
negotiation  in  the  United  States,  but,  though  daily  expected,  he  has  not 
yet  arrived  in  this  country. 

With  Peru  no  treaty  lias  yet  been  formed,  and  with  Bolivia  no  diplo- 
matic intercourse  has  yet  been  established.  It  will  be  my  endeavor  to 
encourage  those  sentiments  of  amity  and  that  liberal  commerce  which 
belong  to  the  relations  in  which  all  the  independent  states  of  this  conti- 
nent stand  towards  each  other. 

I  deem  it  proper  to  recommend  to  your  notice  the  revision  of  our  con- 
sular system.  This  has  become  an  important  branch  of  the  public  ser- 
vice, inasmuch  as  it  is  intimately  connected  wnth  the  preservation  of 
our  national  character  abroad,  wnth  the  interest  of  our  citizens  in  foreign 
countries,  with  the  regulation  and  care  of  our  commerce,  and  with  the 
protection  of  our  seamen.  At  the  close  of  the  last  session  of  congress 
1  communicated  a  report  from  the  secretary  of  state  upon  the  subject, 
to  which  I  now  refer,  as  containing  information  which  may  be  useful  in 
any  inquiries  that  congress  may  see  fit  to  institute  with  a  view  to  a  salu- 
tary reform  of  the  system. 

It  gives  me  great  pleasure  to  congratulate  you  upon  the  prosperous 
condition  of  the  finances  of  the  country,  as  will  appear  from  the  report 
which  the  secretary  of  the  treasury  will,  in  due  time,  lay  before  you. 
The  receipts  into  the  treasury  during  the  present  year  will  amount  to 
more  than  thirty  two  millions  of  dollars.  The  revenue  derived  from  the 
customs,  will,  it  is  believed,  be  more  than  28  millions,  and  the  pub- 
lic lands  will  yield  about  three  millions.  The  expenditures  within  the 
year  for  all  objects,  including  ^2,572,240  99  on  account  of  the  public 
debt,  will  not  amount  to  twenty-five  millions:  and  a  large  balance  will 
remain  in  the  treasury  after  satisfying  all  the  appropriations  chargeable 
on  the  revenue  for  the  present  year. 

The  measures  taken  by  the  secretary  of  the  treasury  will  probably 
enable  him  to  pay  off,  in  the  course  of  the  present  year,  the  residue  of 
the  exchanged  four  and  a  half  per  cent,  stock,  redeemable  on  the  first 
of  January  next.  It  has,  therefore,  been  included  in  the  estimated  expen- 


1833.]  j'yy 

diture  of  this  year,  and  forms  a  part  of  the  sum  above  stated  to  have  been 
paid  on  account  of  the  public  debt.  The  payment  of  this  stock  will  reduce 
the  whole  debt  of  the  United  States,  funded  and  unfunded,  to  the  sum  of 
$4,760,082.  OS.  And  as  provision  has  already  been  made  for  the  four 
and  a  half  cent,  above  mentioned,  and  cliarjred  in  the 'expenses  of  the 
present  year,  the  sum  last  stated  is  all  that  now  remains  of  the  national 
debt;  and  the  revenue  of  the  comin^^  year,  together  with  the  balance  now 
in  the  treasury,  will  be  sulficient  to  discharge  it,  after  meeting  the  cur- 
rent expenses  of  the  a^overnment.  Under  the  power  given  to'^the  com- 
missioners of  the  sinking:  fund,  it  will,  I  have  no  doubt,  be  purchased  on 
favourable  terms  within  the  year. 

From  this  view  of  the  state  of  th'e  finances,  and  the  public  engagements 
yet  to  be  fulfilled,  you  will  perceive  that,  if  Providence  pennhs  me  to 
meet  you  another  session,  I  shall  have  the  high  gratification  of  announc- 
ing to  you  that  the  national  debt  is  extinguished.  I  cannot  refrain  from 
expressing  the  pleasure  I  feel  at  the  near  approach  of  that  desirable 
event.  ^  The  short  period  of  time  within  which  the  public  debt  will  have 
been  discharged,  is  strong  evidence  of  the  abundant  resources  of  the 
country,  and  of  the  prudence  and  economy  with  which  the  government 
has  heretofore  been  administered.  We  have  w^aged  two  wars  since  we 
became  a  nation,  with  one  of  the  most  powerful  kingdoms  in  the  world 
— both  of  them  undertaken  in  defence  of  our  dearest  rights— both  suc- 
cessfully prosecuted  and  honorably  terminated— and  many  of  those  who 
partook  in  the  first  struggle,  as  well  as  the  second,  will  have  lived  to  see. 
the  last  item  of  the  debt  incurred  in  these  necessary  but  expensive  con- 
flicts, faithfully  and  honestly  discharged— and  we  shall  have  the  proud 
satisfaction  of  bequeathing  to  the  public  servants  who  follow  us  in  the 
administration  of  the  government,  the  rare  blessing  of  a  revenue  suffi- 
ciently abundant— raised  without  injustice  or  oppression  to  our  citizens 
—and  unincumbered  with  any  burthens  but  what  they  themselves  shall 
think  proper  to  impose  upon  it. 

The  flourishing  state  of  the  finances  ought  not,  however,  to  encour- 
age us  to  indulge  in  a  lavish  expenditure  of  the  public  treasure.  The  re- 
ceipts of  the  present  year  do  not  furnish  the  test  by  which  we  are  to  es- 
timate the  income  of  the  next.  The  changes  made  in  our  revenue  sys- 
tem by  the  acts  of  congress  of  1832  and  1833,  and  more  especially  by 
the  former,  have  swelled  the  receipts  of  the  present  year  far  beyond  the 
amount  to  be  expected  in  future  years  upon  the  reduced  tarift^  of  duties. 
The  shortened  credits  on  revenue  bonds,  and  tlie  cash  duties  on  wool- 
lens which  were  introduced  by  the  act  of  1832,  and  took  effect  on  the 
4th  of  iVlarch  last,  have  brought  large  sums  into  the  treasury  in  1833 
which,  according  to  the  credits  formerly  given,  would  not  have  been 
payable  until  1834,  and  would  have  formed  a  part  of  the  income  of  that 
year.  These  causes  would  of  themselves  produce  a  great  diminution  of 
the  receipts  in  the  year  1834,  as  compared  with  the  present  one;  and 
they  will  be  still  more  diminished  by  the  reduced  rates  of  duties  which 
take  place  on  the  first  of  January  next,  on  some  of  the  most  imoortant 
and  productive  articles.     Upon  the  best  estimates  that  can  be  made  the 


178  [December, 

receipts  of  the  next  year  with  the  aid  of  the  unappropriated  amount  now 
in  the  treasury  will  not  be  much  more  than  sufficient  to  meet  the  expenses 
ol"lhe  year  and  pay  the  small  remnant  of  the  national  debt  which  yet  re- 
mains unsatisfied.  Icamiot,  Iherefore,  recommend  to  you  any  alteralion 
in  the  present  tariff  of  duties.  The  rate  as  now  fixed  by  law  on  the  va- 
rious articles  \vas  adopted  at  the  last  session  of  congress  as  a  matter  of 
compromise  with  unusual  unanimity,  and  unless  it  is  found  to  produce 
more  than  the  necessities  of  the  government  call  for,  there  would  seem 
to  be  no  reason  at  this  time  to  justify  a  change. 

But  while  I  forbear  to  recommend  any  further  reduction  of  the  duties, 
beyond  that  already  provided  for  by  the  existing  laws,  I  must  earnestly 
and  respectfully  press  upon  congress  the  importance  of  abstaining  from 
all  appropriations  which  are  not  absolutely  required  for  the  public  inter- 
ests, and  authorised  by  the  powers  clearly  delegated  to  the  United  States. 
"We  are  beginning  a  new  era  in  our  government.     The  national  debt, 
which  has  so  long  been  a  burthen  on  the  treasury,  will   be  finally  dis- 
charged in  the  course  of  the  ensuing  year.     iNo  more  money  will  after- 
wards be  needed  than  what  may  be  necessary  to  meet  the  ordinary  ex- 
penses of  the  government.     Now  then  is  the  proper  moment  to  fix  our 
system  of  expenditure  on  firm  and  durable  principles:  and  I  cannot  too 
strongly  urge  the  necessity  of  a  rigid  economy,  and  an  inflexible  deter- 
mination not  to  enlarge  the  income  beyond  the  real  necessities  of  the  go- 
vernment, and  not  to  increase  the  wants  of  the  government  by  unneces- 
sary and  profuse  expenditures.     If  a  contrary  course  should  be  pursued, 
it  may  happen  that  the  revenue  of  1834  will  fall  short  of  the  demands 
4]pon  it;  and  after  reducing  thetarifl'in  order  to  lighten  the  burthens  ol  the 
people,  and  providing  for  a  still  further  reduction  to  take  effect  hereafter, 
it  would  be  much  to  be  deplored  if,  at  the  endof  another  year,  we  should 
find  ourselves  obliged  to  retrace  our  steps  and  impose  additional  taxes  to 
meet  unnecessary  expenditures. 

It  is  my  duty,  on  this  occasion,  to  call  your  attention  to  the  destruction 
of  the  public  building  occupied  by  the  treasury  department,  which  hap- 
pened since  the  last  adjournment  of  congress.  A  thorough  inquiry  into 
the  causes  of  tliis  loss  was  directed  and  made  at  the  time,  the  result  of 
which  will  be  duly  communicated  to  you.  I  take  pleasure,  however,  in 
stating  here,  that  by  the  laudable  exertions  of  the  officers  of  the  depart- 
ment, and  many  of  the  citizens  of  the  district,  but  few  papers  were  lost 
and  none  that  will  materially  affect  the  public  interest. 

The  public  convenience  requires  that  another  building  should  be  erect- 
ed as  soon  as  practicable;  and  in  providing  for  it,  it  will  be  advisable  to 
enlarge,  in  some  manner,  the  accommodations  for  the  public  officers  of 
the  several  departments,  and  to  authorise  the  erection  of  suitable  deposi- 
tories for  the  safe  keeping  of  the  public  documents  and  records. 

Since  the  last  adjournment  of  congress,  the  secretary  of  the  treasury 
has  directed  the  money  of  the  United  States  to  be  deposited  in  certain 
state  Danks,  designated  by  him,  and  he  will  immediately  lay  before  you 
his  reasons  for  this  direction.  I  concur  with  him  entirely  in  the  view 
he  has  taken  of  the  subject,  and  some  months  before  the  removal  I  urged 
upon  the  department  the  propriety  of  taking  that  step.      The  near  up- 


1833.]  179 

proach  of  the  day  on  wliicli  the  charter  will  expire,  as  well  as  the  con- 
duct of  the  bank,  appeared  tome  to  cp.U  for  this  measure,  upon  the  hii^h 
consideritions  of  puolic  interest  and  public  duty.  The  extent  of  its 
misconduct,  however,  altliou.^h  known  to  be  great,  was  not  at  that  time 
fully  developed  by  proof.  It  was  not  until  late  in  the  month  of  August, 
that  I  received  from  the  government  directors  an  official  report,  establish- 
ing beyond  question,  tliat  this  great  and  powerful  institution  had  been  ac- 
tively engaged  in  attempiing  to  influence  tlie  elections  of  the  public  offi- 
cers, by  means  of  its  money;  and  that,  in  violation  of  the  express  pro- 
visions of  its  charter,  it  had,  by  formal  resolution,  placed  its  funds  at  the 
disposition  of  its  president,  to  be  employed  in  sustaining  the  political  pow- 
er of  the  bank.  A  copy  of  this  resolution  is  contained  in  the  report  of 
the  government  directors,  before  referred  to;  and  however  the  objects  may 
be  disguised  by  cautious  language,  no  one  can  doubt  that  this  money  was 
in  truth  intended  for  electioneering  purposes,  and  the  particular  uses  to 
which  it  was  proved  to  have  been  applied,  abundantly  show  that  it  was 
so  understood.  Not  only  was  the  evidence  complete,  as  to  the  past  ap- 
plication of  the  money  and^powerof  the  bank,  to  electioneering  purposes, 
but  that  the  resolution  of  the  board  of  directors  authorised  the  same 
course  to  be  pursued  in  future. 

It  being  thus  established,  by  unquestionable  proof,  that  the  bank  of  the 
United  States  w^as  converted  into  a  permanent  electioneering  engine,  it 
appeared  to  me  that  the  path  of  duty  which  the  executive  department  of 
the  government  ought  to  pursue,  was  not  doubtful.  As  by  the  terms  of 
the  bank  charter,  no  officer  but  the  secretary  of  the  treasury  could  re- 
move the  deposites,  it  seemed  to  me  that  this  authority  ought  to  be  at 
once  exerted  to  deprive  that  great  corporation  of  the  support  and  coun- 
tenance of  the  government  in  such  an  use  of  its  funds  and  such  an  exer- 
tion of  its  power.  In  this  point  of  the  case,  the  question  is  distinctly  pre- 
sented, whether  the  people  of  the  United  States  are  to  govern  tiirough 
representatives,  chosen  by  tiieir  unbiased  suffrages,  or  whether  the  power 
and  money  of  a  great  corporation  are  to  be  secretly  exerted  to  influence 
their  judgment  and  control  their  decisions.  It  must  now  be  determined 
whether  the  bank  is  to  have  its  candidates  for  all  offices  in  the  country, 
from  the  highest  to  the  lowest,  or  whether  candidates  on  both  sides  of 
political  questions  shall  be  brought  forward  as  heretofore  and  supported 
by  the  usual  means. 

At  this  time  the  efforts  of  the  bank  to  control  public  opinion,  throuo-h 
the  distresses  of  some  and  the  fears  of  others,  are  equally  apparent,  and 
if  possible  more  objectionable.  By  a  curtailment  of  its  accommodations, 
more  rapid  than  any  emergency  requires,  and  even  while  it  retains  spe- 
cie to  an  almost  unprecedented  amount  in  its  vaults,  it  is  attempting  to 
produce  great  embarrassment  in  one  portion  of  the  community,  while 
through  presses  known  to  have  been  sustained  by  its  money,  it  attempts, 
by  unfounded  alarms,  to  create  a  panic  to  all 

These  are  the  means  by  which  it  seems  to  expect  that  it  can  force  a 
restoration  of  the  deposites,  and  as  a  necessary  consequence,  extort  from 
congress  a  renewal  of  its  charter.  I  am  happy  to  know  that,  through 
the  good  sense  of  our  people,  the  effort  to  get  up  a  panic  has  hitherto 


180  [December, 

failed,  and  that,  throuijh  the  increased  accommodations  which  the  state 
banks  have  heen  enabled  to  atibrd,  no  public  distress  has  followed  the 
exertions  of  the  bank;  and  it  cannot  be  doubted  that  the  exercise  of  its 
power  and  the  expenditure  of  its  money,  as  well  as  its  efforts  to  si)read 
o-roundless  alarm  will  be  met  and  rebuked  as  they  deserve.  In  my  own 
sphere  of  duty,  I  should  feel  myself  called  on  by  the  facts  disclosed  to 
order  a  scire  facias  against  the  bank,  with  a  view  to  put  an  end  to  tlie 
chartered  riehts  it  has  so  palpably  violated,  were  it  not  that  the  charter 
itself  will  expire  as  soon  as  a  decision  would  probably  be  obtained  from 
the  court  of  last  resort. 

I  called  the  attention  of  congress  to  this  subject  in  my  last  annual  mes- 
sage, and  informed  them  that  such  measures  as  w^erc  within  the  reach 
of  the  secretary  of  the  treasury,  had  been  taken  to  enable  him  to  judge, 
whether  the  public  deposites  in  the  bank  of  the  United  States  were  en- 
tirely safe;  but  that  as  his  single  powers  might  be  inadequate  to  the  ob- 
ject, I  recommended  the  subject  to  congress,  as  worthy  of  their  serious 
investigation:  declaring  it  as  my  opinion,  that  an  inquiry  into  the  transac- 
tions ot  that  institution,  embracing  the  branches  as  w-ell  as  the  principal 
bank,  was  called  for  by  the  credit  which  was  given  throughout  the 
country  to  many  serious  changes  impeaching  their  character,  and  which, 
il  true,  might  justly  excite  the  apprehension  that  they  were  no  longer  a 
safe  depository  for  the  public  money.  The  extent  to  which  the  exami- 
nation, thus  recommended,  was  gone  into,  is  spread  upon  your  journals, 
and  is  too  well  known  to  require  to  be  stated.  Such  as  was  made,  re- 
sulted in  a  report  from  a  majority  of  the  committee  of  w^ays  and  means 
touching  certain  specified  points  only,  concluding  with  a  resolution  that 
the  government  deposites  might  safely  be  continued  in  the  bank  of  the 
United  States.  This  resolution  was  adopted  at  the  close  of  the  session, 
by  the  vote  of  a  majority  of  the  house  of  representatives. 

Although  I  may  not  always  be  able  to  concur  in  the  views  of  the  pub- 
lic interests,  or  the  duties  of  its  agents,  which  may  be  taken  by  the 
other  departments  of  the  government,  or  either  of  its  branches,  I  am,  not- 
withstanding, wiiolly  incapable  of  receiving  otherwise  than  with  the  most 
sincere  respect,  all  ojnnions  or  suggestions  proceeding  from  such  a  source; 
and  in  respect  to  none  am  I  more  inclined  to  do  so,  than  to  the  house  of 
representatives.  But  it  will  be  seen  from  the  brief  views  at  this  time 
taken  of  the  subject  by  myself,  as  well  as  the  most  ample  ones  presented 
by  the  secretary  of  tne  treasury,  that  the  change  in  the  deposites  which 
has  been  ordered,  has  been  deemed  to  be  called  for  by  considerations 
which  are  not  affected  by  the  proceedings  referred  to,  and  which,  if 
correctly  viewed  by  that  depaitnient,  rendered  its  act  a  n.atler  of  impe- 
rious duty. 

Coming  as  you  do  for  the  most  part,  immediately  from  the  people  and 
tlic  states,  by  election,  and  possessing  the  fullest  opportunity  to  know  their 
sentiments,  the  present  congress  will  be  sincerely  solicitous  to  carry  into 
full  and  fair  effect  the  will  of  their  constituents  in  regard  to  this  institu- 
tion. It  will  be  for  those  in  whose  behalf  we  all  act,  to  decide  whether 
the  executive  department  of  the  government,  in  the  steps  which  it  has 
taken  on  this  subject,  has  been  found  in  the  line  of  his  duty. 


1833.]  181 

The  accompanying  report  of  the  secretary  of  war,  with  the  documents 
annexed  to  it,  exhibits  the  operations  of  the  war  department  for  the  past 
year,  and  the  condition  of  the  various  subjects  entrusted  to  its  administra- 
tion. 

It  will  be  seen  from  them  that  the  army  maintains  the  character  it  has 
heretofore  acquired  for  efficiency  and  military  knowledge.  Nothing  has 
occurred  since  your  last  session  to  require  its  services  beyond  the  ordi- 
nary routine  of  duties,  which  upon  the  seaboard  and  the  inland  frontier 
devolve  upon  it  in  a  time  of  peace.  The  system,  so  wisely  adopted  and 
so  long  pursued,  of  constructing  fortifications  at  exposed  points,  and  of 
preparing  and  collecting  the  supplies  necessary  for  the  military  defence 
of  the  country,  and  thus  providently  furnished  in  peace  the  means  of  de- 
fence in  war,  has  been  continued  with  the  usual  results.  I  recommend 
to  your  consideration  the  various  subjects  suggested  in  the  report  of  the 
secretary  of  war.  Their  adoption  would  promote  the  public  service  and 
meliorate  the  condition  of  the  army. 

Our  relations  with  the  various  Indian  tribes  have  been  undisturbed 
since  the  termination  of  the  difficulties  growing  out  of  the  hostile  ag- 
gressions of  the  Sacs  and  Fox  Indians.  Several  treaties  have  been  form- 
ed for  the  relinquishment  of  territory  to  the  United  States,  and  for  the 
migration  of  the  occupants  to  the  region  assigned  for  their  residence, 
west  of  the  Mississippi.  Should  these  treaties  be  ratified  by  the  senate, 
provision  will  have  been  made  for  the  removal  of  almost  all  the  tribes 
now  remaining  east  of  that  river,  and  for  the  termination  of  many  difficult 
and  embarrassing  questions  arising  out  of  their  anomalous  political  condi- 
tion. It  is  to  be  hoped  that  those  portions  of  two  of  the  southern  tribes  which 
in  that  event  will  present  the  only  remaining  difficulties,  will  realize  the 
necessity  of  emigration,  and  will  speedily  resort  to  it.  My  original  con- 
victions upon  this  subject  have  been  confirmed  by  the  course  of  events 
for  several  years,  and  experience  is  every  day  adding  to  their  strength. 

That  those  tribes  cannot  exist,  surrounded  by  our  setlleuiciits  and  in 
continual  contact  with  our  citizens,  is  certain.  They  have  neither  the 
intelligence,  the  industry,  the  moral  habits,  nor  the  desire  of  improvement, 
which  are  essential  to  any  favourable  change  in  their  condition.  Estab- 
lished in  the  midst  of  another  and  a  superior  race,  and  ivithout  appre- 
ciating the  causes  of  their  inferiority,  or  seeking  to  control  them,  they  must 
necessarily  yield  to  the  force  of  circumstances,  and^re  long  disappear. 
Such  has  been  their  fate  heretofore,  and  if  it  is  to  be  averted,  and  it  is,  it 
can  only  be  done  by  a  general  removal  beyond  our  boundary  and  by  the 
reorganization  of  their  political  system  upon  principles  adapted  to  the  new 
relations  in  which  they  will  be  placed.  The  experiment  which  has  been 
recently  made,  has  so  far  proved  successful.  The  emigrants  generally 
are  represented  to  be  prosperous  and  contented,  the  country  suitable  to 
their  wants  and  habits,  and  the  essential  articles  of  subsistence  easily 
procured.  When  the  report  of  the  commissioners  now  engaged  in 
investigating  the  condition  and  prospects  of  these  Indians,  and  in  devising 
a  plan  for  their  intercourse  and  government  is  received,  I  trust  ample 
23 


182  [December, 

means  of  information  will  be  in  possession  of  the  government  for  adjusting 
all  the  unsettled  questions  connected  with  this  interesting  subject. 

The  operalions  of  trie  navy  duiing  the  year,  and  its  present  condition, 
are  fully  exhibited  in  the  iiniiual  leport  from  the  navy  department. 

Suggestions  aie  made  by  the  secretary,  of  various  improvements,  which 
de>-en'e  careful  consideration,  and  most  of  which,  if  adopted,  bid  fair  to 
pi  nioie  Ihe  efficiency  ol"  this  impoitant  branch  of  the  public  service. 
Among  these  are  the  new  oiganizniion  ofthe  navy  board,  the  revision  of 
the  pay  to  officers,  and  a  change  in  the  period  of  time,  or  in  the  manner 
of  making  the  annual,  appropriations,  to  which  I  beg  leave  to  call  your 
particular  attention 

The  views  which  are  presented  on  almost  every  portion  of  our  naval 
concerns,  and,  especially,  on  the  amount  of  force  and  the  number  of  officers, 
and  the  general  course  oi"  policy  appropriate  in  the  present  state  of  our 
country,  for  securing  the  great  and  useful  purposes  of  naval  protection,  in 
peace,  and  due  preparation  for  the  contingencies  of  war,  meet  with  my 
entire  i!p])robation. 

U  will  he  perceived,  from  the  report  referred  to,  that  the  fiscal  concerns 
of  tiie  cj'tablishment  are  in  an  excellent  condition;  and  it  is  hoped  that 
congre-s  may  feel  disposed  to  make  piomptly  every  suitable  provision 
desired  either  ftor  preserving  or  improving  the  system. 

The  general  post  office  department  lias  continued  upon  the  strength  of 
its  own  resources,  to  facilitate  the  means  of  communication  between  the 
various  poitions  of  the  union  with  increased  activity.  The  method, 
however , in  which  the  accounts  ofthe  transportation  ofthe  mail  have  been 
kept,  appears  to  have  presented  an  impertect  view  of  expenses.  It  has 
recently  been  discovered,  that  from  the  earliest  records  ofthe  department, 
the  annual  statements  have  been  calculated  to  exhibit  an  amount  con- 
siderably short  of  the  actual  expense  incurred  for  that  service.  These 
illusory  statements,  together  wiili  the  expense  of  carrying  into  effect  the 
law  of  the  last  session  of  congress,  establishing  new  mail  routes,  and  a 
disposition  on  the  part  of  the  liead  of  the.  department  to  gratify  the  wishes 
ofthe  public  in  tlie  extension  ofthe  mail  facilities,  have  induced  him  to 
incur  responsibiliiies  for  their  improvement,  beyond  what  the  current  re- 
sources ofthe  department  tvould  sustain.  As  soon  as  he  had  discovered 
the  imperfection  of  the  method,  he  caused  gn  investigation  to  be  made 
of  its  results,  and  apt)lied  the  proper  remedy  to  correct  the  evil.  It  be- 
came necessary  for  hiii\  to  withdraw  some  ofthe  improvements  which  he 
had  made,  to  bring  the  expenses  ofthe  department  within  its  own  resour- 
ces. These  expenses  were  incurred  for  the  public  good,  and  tbc  public 
have  enjoyed  their  benefit.  They  are  now  but  partially  suspended,  and 
that,  where  they  may  be  discontinued  with  the  least  inconvenience  to  the 
country. 

Tfie  proi^rcssive  increase  in  the  income  from  postages,  lias  equalled 
the  highest  expectations,  and  it  affords  demonstrative  evidence  of  the 
growing  impoitaiiee  and  great  utility  of  this  department.  The  details 
are  exhibited  in  the  accompanying  report  from  the  postmaster  general. 

The  many  distressing  accidents  which  have  of  late  occurred  in  that 
portion  of  our  navigation  carried  on  by  the   use  of  steam  power,  deserve 


1833.]  183 

the  immediate  and  unremitting  attention  of  the  constituted  authorities  of 
the  country.  The  fact  that  the  number  of  those  fatal  disasters  is  constant- 
ly increasin:^,  notwithstanding  the  great  iinproveniants  which  are  every 
where  made  in  the  machinery  employed,  and  the  rapid  advances  which 
have  been  made  in  tliat  branch  of  science,  show  very  clearly  that  they 
are  in  a  great  degree  the  result  of  criminal  negligence  on  the  part  of 
those  by  whom  the  vessels  are  navigated,  and  to  whose  care  and  attention 
the  lives  and  property  of  our  citizens  are  so  extensively  entrusted. 

That  these  evils  may  be  greatly  lessened,  if  not  substantially  removed, 
by  means  of  precautionary  and  penal  legislation,  seems  to  be  highly  pi-o- 
bable;  so  far  therefore  as  the  subject  can  be  regarded  as  within  the 
constitutional  purview  of  congress,  I  earnestly  recommend  it  to  your 
prompt  and  serious  consideration. 

I  would  call  your  attention  to  the  view  I  have  heretofore  expressed 
of  the  propriety  of  amending  the  constitution  in  relation  to  the  mode  of 
electing  the  president  and  vice  president  of  the  United  States.  Regarding 
it  as  all  important  to  the  future  quiet  and  harmony  of  the  people,  that  ^^ 
every  intermediate  agency  in  the  election  of  these  officers  should  be  re-  "jpr 
moved,  and  that  their  eligibility  should  be  limited  to  one  term  of  either 
four  or  six  years,  I  cannot  too  earnestly  invite  your  consideration  of  the 
suhjf.'ct. 

Trusting  that  your  deliberation  on  all  the  topics  of  general  interest  to 
which  I  have  adverted,  and  such  otfiers  as  your  more  extensive  knowledge 
of  the  wants  of  our  beloved  country  may  suggest,  may  be  crowned  with 
success,  I  tender  you  in  conclusion,  the  co  operation  which  it  may  be  in 
my  power  to  afford  them. 

ANDREW  JACKSON, 
Washington,  Dec.  3,  1833. 


VETO  OF  THE  LAND  BILL, 


IN  SENATE,   DECEMBER  4,  1833. 


VETO  OF  THE  LAND  BILL, 


IN   SENATE,   DECEMBER  4,   1833. 


The  following  message  was  received  from  the  president  of  the  United 
States,  (throuijHi  Mr.  Donelson,  his  private  secretary),  returning,  with 
his  objections,  the  bill  which  originated  in  the  senate  at  its  last  session, 
"appropriating  for  a  limited  time  the  proceeds  of  the  sales  of  the  public 
lands,  and  for  other  purposes." 

To  the  senate  of  the  United  States: 

At  the  close  of  the  last  session  of  congress  I  received  from  that  body 
a  bill  entitled  "an  act  to  appropriate,  for  a  limited  time,  the  proceeds  of 
the  sales  of  tlie  public  lands  of  the  United  States  and  for  granting  lands 
to  certain  states."  The  brief  period  then  lemaining  before  the  rising  of 
congress,  and  the  extreme  pressure  of  official  duties,  unavoidable  oa 
such  occasions,  did  not  leave  me  sufficient  time  for  that  full  considera- 
tion of  the  subject  which  was  due  to  its  great  importance.  Subsequent 
consideration  and  reflection  have,  however,  continued  the  objections  to 
the  bill  which  presented  themselves  to  my  mind  upon  its  first  perusal, 
and  have  satisfied  me  that  it  ought  not  to  become  a  law.  1  felt  myself, 
therefore,  constrained  to  withhold  fiom  it  my  approval,  and  now  return 
it  to  the  senate,  in  which  it  originated,  with  the  reasons  on  which  my 
dissent  is  founded. 

I  am  fully  sensible  of  the  importance,  as  it  respects  both  the  harmony 
and  union  of  the  stales,  of  making,  as  soon  as  circumstances  will  allow  of 
it,  a  proper  and  final  disposition  of  the  whole  subject  of  the  public  lands; 
and  any  measure  for  that  object,  providing  for  the  reimbursement  of  the 
United  States  of  those  expenses  with  which  they  are  justly  chargeable, 
that  may  be  consistent  with  my  views  of  the  constitution,  sound  policy, 
and  the  rights  of  the  respective  states,  will  readily  receive  my  co-opera- 
tion. This  bill,  however,  is  not  of  that  character.  The  arrangement  it 
contemplates  is  not  permanent,  but  limited  to  five  years  only;  and  in  its 
terms  appears  to  anticipate  alterations  within  that  time,  at  the  discretion 
of  congress;  and  it  furnishes  no  adequate  security  against  those  continued 
agitations  of  the  subject  which  it  should  be  the  principal  object  of  any 
measure  for  the  disposition  of  the  public  lands  to  avert 


188  [December, 

Neither  the  merits  of  the  bill  under  consideration,  nor  the  validity  of 
the  objections  which  I  have  felt  it  to  be  my  duty  to  make  to  its  passage, 
can  be  correctly  appreciated  without  a  full  understanding  of  the  manner 
in  which  the  public  lands  upon  which  it  is  intended  to  operate,  were  ac- 
quired, and  the  conditions  upon  which  they  are  now  held  by  the  United 
States.  I  w^ill,  therefore,  precede  the  statement  of  those  objections  by  a 
brief  and  distinct  exposition  oi'  these  points. 

The  waste  lands  within  the  United  States  constituted  one  of  the  early 
obstacles  to  the  organization  of  any  government  for  the  protection  of 
their  common  interests.  In  October,  1777,  while  congress  were  framing 
the  articles  of  confederation,  a  proposition  was  made  to  amend  them  to 
the  following  effect,  viz: 

"That  the  United  States  in  congress  assembled,  shall  have  the  sole 
and  exclusive  right  and  power  to  ascertain  and  fix  the  western  boundary 
of  such  states  as  claim  to  the  Mississippi  or  South  sea,  and  lay  out  the 
land  beyond  the  boundary  so  ascertained  into  separate  and  independent 
states,  from  time  to  lime,  as  the  numbers  and  circumstances  of  the  peo- 
ple thereof  may  require." 

It  was,  however,  rejected;  Maryland  only  voting  for  it;  and  so  diffi- 
cult did  the  subject  appear,  that  the  patriots  of  that  body  agreed  to 
waive  it  in  the  articles  of  confederation,  and  leave  it  for  future  settle- 
ment* 

On  the  submission  of  the  articles  to  the  several  state  legislatures  for 
ratification,  the  most  formidable  objection  was  found  to  be  in  this  subject 
of  the  waste  lands.  Maryland,  Rhode  Island  and  New-Jersey,  instruct- 
ed their  delegates  in  congress  to  move  amendments  to  them,  providing 
that  the  waste  of  crown  lands  should  be  considered  the  common  proper- 
ty of  the  United  States;  but  they  were  rejected.  All  the  states  except 
Maryland  acceded  to  the  articles,  notwithstanding  some  of  them  did  so 
with  ihe  reservation,  that  their  claim  to  those  lands,  as  common  proper- 
ty, was  not  thereby  abandoned. 

On  the  sole  ground  that  no  declaration  to  that  efi'ect  was  contained  in 
the  articles,  Maryland  withheld  her  assent,  and  in  May,  1779,  embodied 
her  objections  in  the  form  of  instructions  to  her  delegates,  which  were 
entered  upon  the  journals  of  congress.  The  following  extracts  are  from 
that  document,  viz: 

*'ls  it  possible  that  those  states  who  are  ambitiously  grasping  at  terri- 
tories, to  which  in  our  judgment  they  have  not  the  least  shadow  of  ex- 
clusive right,  will  use  with  greater  moderation  the  increase  of  wealth 
and  power,  derived  from  those  territories,  when  acquired,  than  what 
they  have  displayed  in  their  endeavors  to  acquire  them."  «S:c.  &:c. 

"We  are  convinced,  policy  and  justice  require,  that  a  country  unset- 
tled at  the  commencement  of  this  war,  claimed  by  the  British  crown,  and 
ceded  to  it  by  the  treaty  at  Paiis,  if  wrested  from  the  common  enemy 
by  the  blood  and  treasure  of  the  thirteen  states,  should  be  considered  as 
•a  common  properly,  subject  to  be  parcelled  out  by  congress  into  free, 
convenient  and  independent  governments,  in  such  manner  and  at  such 
times  as  the  wisdom  of  that  assembly  shall  hereafter  direct,"  &:c.  &:c. 


1833.]  .  189 

Virginia  proceeded  to  open  a  land  office  for  the  sale  of  her  western 
lands,  which  produced  such  excitement  as  to  induce  congress  in  Octo- 
ber, 1779,  to  interpose  and  earnestly  recommend  to  "the  said  state  and 
all  states  similarly  circumstanced,  to  forbear  the  settling  or  issuing-  war- 
rants for  such  unappropriated  lands,  or  granting  the  same  during  the  con- 
tinuance of  the  present  war." 

In  March,  1780,  the  legislature  of  New  York  passed  an  act  tendering- 
a  cession  to  the  United  States  of  the  claims  of  that  state  to  the  western 
territory,  preceded  by  a  preamble  to  the  following  effect,  viz: 

''Whereas  not!;ing  under  Divine  Providence  can  more  efTectually  con- 
tribute to  the  tranquillity  and  safety  of  the  United  States  of  America  than 
a  federal  alliance  on  such  liberal  principles  as  will  give  satisfaction  to 
its  respective  members;  and  whereas,  the  articles  of  confederation  and 
perpetual  union  recommended  by  the  honorable  congress  of  the  United 
States  of  America,  have  not  proved  acceptable  to  all  the  states,  it  having 
been  conceived  that  a  portion  of  the  waste  and  uncultivated  territory 
within  the  limits  or  claims  of  certain  states,  ought  to  be  appropriated  as 
a  common  fund  for  the  expenses  of  the  w^ar;  and  the  people  of  the  state 
of  New  ^ork,  being  on  all  occasions  disposed  to  manifest  their  regard 
for  their  sister  slates  and  their  earnest  desire  to  promote  the  general  in- 
terest and  security,  and  more  especially  to  accelerate  the  federal  alli- 
ance, by  removing,  as  far  as  it  depends  upon  them,  the  before  mention- 
ed impediment  to  its  final  accomplishment,"  &c. 

This  act  of  New  York,  the  instructions  of  Maryland,  and  a  remon- 
strance of  Virginia,  were  referred  to  a  committee  of  congress,  who  re- 
ported a  preamble  and  resolutions  thereon,  which  were  adopted  on  the 
6th  of  September,  1780;  so  much  of  which  as  is  necessary  to  elucidate 
the  subject  is  to  tlie  following  effect,  viz; 

"That  it  appears  advisable  to  press  upon  those  states  which  can  re- 
move the  embarrassments  respecting  the  western  country  a  liberal  surrender 
of  a  portion  of  their  territorial  claims,  since  they  cannot  be  preserved  en- 
tire without  endangering  the  stability  of  the  general  confederacy;  to  re- 
mind them  how  indispensably  necessary  it  is  to  establish  the  federal 
union  on  a  fixed  and  permanent  basis  and  on  principles  acceptable  to 
all  its  respective  members;  how  essential  to  public  credit  and  confidence, 
to  the  support  of  our  army,  to  the  vigor  of  our  councils  and  success  of 
our  measures,  to  our  tranquillity  at  home,  our  reputation  abroad,  to  our 
very  existence  as  a  free,  sovereign  and  independent  people;  that  they  are 
fully  pursuaded  the  wisdom  of  the  several  legislatures  will  lead  them  to 
a  full  and  impartial  consideration  of  a  subject  so  interesting  to  the  United 
Slates,  and  so  necessary  to  the  happy  establishment  of  the  federal  union; 
that  they  are  confirmed  in  these  expectations  by  a  review  of  the  before- 
mentioned  act  of  the  legislature  of  New  York,  submitted  to  their  con- 
sideration," &c. 

'-'■  Resolved^  That  copies  of  the  several   papers,  referred  to  the  com- 

miltee,  be  transmitted,  with  a  copy  of  the  report,  to  the  legislatures  of 

the  several  states,  and  that  it  be  earnestly  recommended  to  tiiose  states 

who  have  claims  to  the  western  country,  to  pass  such  laws  and  give  their 

24 


190  [December, 

delegates  in  congress  such  powers  as  may  effectually  remove  the  only 
obstacle  to  a  final  ratification  of  the  articles  of  confederation;  and  that 
the  legislature  of  Maryland  be  earnestly  requested  to  authorise  their  dele- 
gates in  congress  to  subscribe  the  said  articles." 

Following  up  this  policy,  congress  proceeded,  on  the  10th  October, 
1780,  to  pass  a  resolution  pledging  the  United  States  to  the  several  states 
as  to  the  manner  in  which  any  lands  that  might  be  ceded  by  them  should 
be  disposed  of,  the  material  parts  of  wdiich  are  as  follows,  viz: 

^'■Resolved,  That  the  unappropriated  lands  which  may  be  ceded  or  re- 
linquished to  the  United  States,  by  any  particular  state  pursuant  to  the 
recommendation  of  congress  of  the  6th  day  of  September  last,  shall  be 
disposed  of  for  the  common  benefit  of  the  United  States,  and  be  settled 
and  formed  into  distinct  republican  states,  which  shall  become  members 
of  the  federal  union,  and  have  the  same  rights  of  sovereignty,  freedom 
and  independence  as  the  other  states,"  &c.  "That  the  said  lands  shall 
be  granted  or  settled  at  such  times  and  under  such  regulations  as  shall 
hereafter  be  agreed  on  by  the  United  States  in  congress  assembled,  or 
by  nine  or  more  of  them.'"* 

In  February,  1781,  the  legislature  of  Maryland  passed  an  act  autho- 
rising their  delegates  in  congress  to  sign  the  articles  of  confederation. 
The  following  are  extracts  from  the  preamble  and  body  of  the  act,  viz: 

"Whereas  it  hath  been  said  that  the  common  enemy  is  encouraged,  by 
this  state  not  acceding  to  the  confederation,  to  hope  that  the  union  of  the 
sister  states  may  be  dissolved,  and  therefore  prosecutes  the  war  in  ex- 
pectation of  an  event  so  disgraceful  to  America;  and  our  friend  and  illus- 
trious ally  are  impressed  with  an  idea  that  the  common  cause  would  be 
promoted  by  our  formally  acceding  to  the  confederation,"  &c. 

The  act  of  which  this  is  the  preamble,  authorises  the  delegates  of  that 
state  to  sign  the  articles,  and  proceeds  to  declare,  "that,  by  acceding  to 
the  said  confederation,  this  state  doth  not  relinquish,  nor  intend  to  re- 
linquish, any  right  or  interest  she  hath,  with  the  other  united  or  con- 
federated States,  to  the  back  country,"  &c.  &lc. 

On  the  first  of  March,  1781,  the  delegates  of  Maryland  signed  the  ar- 
ticles of  confederation,  and  tlie  federal  union  under  that  compact  was 
complete.  The  confiicting  claims  to  the  western  lands,  however,  were 
not  disposed  of,  and  continued  to  give  great  trouble  to  congress.  Re- 
peated and  urgent  calls  were  made  by  congress  upon  the  states  claiming 
them,  to  make  liberal  cessions  to  the  United  States,  and  it  was  not  until 
long  alter  the  present  constitution  was  formed,  that  the  grants  were  com- 
pleted. 

The  deed  of  cession  from  New  York  was  executed  on  the  1st  of 
March,  1781,  the  day  the  articles  of  confederation  were  ratified,  and  it 
was  accepted  by  congress  on  the  29th  October,  1782.  One  of  the  con- 
ditions of  this  cession,  thus  tendered  and  accepted,  w^is,  that  the  lands  ce- 
ded to  the  United  States,  "s/i«/i  be  and  endure  for  the  use  and  benefit  of 
suck  of  the  United  Slates^  as  shall  become  members  of  the  federal  alliance 
of  the  said  states^  and  for  no  other  use  or  purpose  whalsoevery 

The  Virginia  deed  of  cession  was  executed  and  accepted  on  the  1st 
day  of  March,  1784.  One  of  the  conditions  of  this  cession  is  as  follows,  viz: 


1833.]  191 

"That  all  the  lands  within  the  territory  so  ceded  to  the  United  States 
and  not  reserved  for  or  appropriated  to  any  of  the  before  mentioned  pur- 
poses; or  disposed  of  in  bounties  to  the  oflicprs  and  soldiers  of  the  Ameri- 
can army,  sliaJl  be  considered  as  a  common  fiiyid  for  the  use  and  benefit  of 
such  of  the  United  Slates  as  have  b-^come  or  shall  become  members  of  the 
confederation  or  federal  alliance  oj  the  said  states ,  Virginia  inclusive,  ac- 
cording to  their  usual  respective  proporlims  in  the  general  char<re  and  ex- 
penditure,  and  shall  be  faithfully  and  bona  fide  disposed  of  for  that  pur- 
pose^ and  for  no  other  use  or  purpose  whatsoever P 

Within  the  years  1785,  1786,  and  1787,  Massachusetts,  Connecticut 
and  South  Carolina,  ceded  their  claims  upon  similar  conditions.  The 
federal  government  went  into  operation  under  the  existing  constitution 
on  the  4th  of  March,  1789.  The  following  is  the  only  provision  of  that 
constitution  which  has  a  direct  bearing  on  the  subject  of  the  public  lands, 
viz: 

"The  congress  shall  have  power  to  dispose  of,  and  make  all  needful 
rules  and  regulations  respecting,  the  territory  or  other  property  be- 
longing to  the  United  States,  and  nothing  in  this  constitution  shall  be  so 
construed  as  to  prejudice  any  claims  of  the  United  States,  or  of  any  par- 
ticular state." 

Thus  the  constitution  left  all  the  compacts  before  made  in  full  force, 
and  the  rights  of  all  parties  remained  the  same  under  the  new  govern- 
ment as  they  were  under  the  confederation. 

The  deed  of  cession  of  North  Carolina  was  executed  in  December, 
1789,  and  accepted  by  an  act  of  congress  approved  April  2,  1790.  The 
third  condition  of  this  cession  was  in  the  foUowina:  words,  viz: 

"That  all  the  lands  intended  to  be  ceded  by  virtue  of  this  act  to  the 
United  States  of  America,  and  not  appropriated  as  before  mentioned, 
shall  be  considered  as  a  common  fund  for  the  use  and  benefit  of  the 
United  States  of  America,  North  Carolina  inclusive,  according  to  their 
respective  and  usual  proportions  of  the  general  charge  and  expenditure, 
and  shall  be  faithfully  disposed  of  for  that  purpose,  and  for  no  other  use 
or  purpose  whatever." 

The  cession  of  Geoi^ia  was  completed  on  the  16th  June,  1802,  and 
in  its  leading  condition,  is  precisely  like  that  of  Virginia  and  North 
Carolina.  This  grant  completed  the  title  of  the  United  States  to  all 
those  lands,  generally  called  public  landsj  lying  within  the  original  limits 
of  the  confederacy.  Those  which  have  been  acquired  by  the  purchase 
of  Louisiana  and  Florida,  having  been  paid  for  out  of  the  common  trea- 
sury of  the  United  States,  are  as  much  the  property  of  the  general  go- 
vernment, to  be  disposed  of  for  the  common  benefit,  as  those  ceded  by 
the  several  states. 

By  the  facts  here  collected  from  the  early  history  of  our  republic,  it 
appears  that  the  subject  ot  the  public  lands  entered  into  the  elements  of 
its  institutions.  It  Avas  only  upon  the  condition  that  those  lands  should 
be  considered  as  common  property,  to  be  disposed  of  for  the  benefit  of 
the  United  States,  that  some  of  the  states  agreed  to  come  into  a  "per- 
petual union."    The  states  claiming  those  lands,  acceded  to  those  views, 


192  [December, 

and  transferred  their  claims  to  the  United  States  upon  certain  specific 
conditions,  and  on  those  conditions,  the  grants  were  accepted.  These 
solemn  compacts,  invited  by  congress  in  a  resolution  declaring  the  pur- 
poses to  which  the  proceeds  of  these  lands  should  be  applied,  oiiginating 
before  the  constitution,  and  forming  the  basis  on  which  it  was  made, 
bound  the  United  States  to  a  particular  course  of  policy  in  relation  to 
them,  by  ties  as  strong  as  can  be  invented  to  secure  the  faith  of  nations. 

As  early  as  May,  HSo,  congress,  in  execution  of  these  compacts, 
passed  an  ordinance,  providing  for  the  sales  of  lands  in  the  western  ter- 
ritory, and  directing  the  proceeds  to  be  paid  into  the  treasury  of  the 
United  States.  With  the  same  object  other  ordinances  were  adopted, 
prior  to  the  organization  of  the  present  government. 

In  further  execution  of  these  compacts,  the  congress  of  the  United 
States,  under  the  present  constitution,  as  early  as  the  4th  of  August,  1790, 
in  "an  act  making  provision  for  the  debt  of  the  United  States,"  enacted 
as  follows,  viz. 

"That  the  proceeds,  of  sales  which  shall  be  made  of  land  in  the  w^est- 
ern  territory,  now  belonging,  or  that  may  hereafter  belong,  to  the  United 
States,  shall  be,  and  are  hereby  appropriated  towards  sinking  or  dis- 
charging the  debts  for  the  payment  whereof  the  United  States  now  are, 
or  by  virtue  of  this  act  may  be,  holden,  and  shall  be  applied  solely  to 
that  use  until  the  said  debt  shall  be  fully  satisfied." 

To  secure  the  government  of  the  United  States  forever,  the  power  to 
execute  those  compacts  in  good  faith,  the  congress  of  the  confederation 
as  early  as  July  13th,  17»7,  in  an  ordinance  for  the  government  of  the 
territory  of  the  United  States  northwest  of  the  river  Ohio,  prescribed  to 
the  people  inhabiting  the  western  territory  certain  conditions  which  were 
declared  to  be  "articles  of  compact  between  the  original  states  and  the 
people  and  states  in  the  said  territory"  which  should  "forever  remain  un- 
alterable, unless  by  common  consent."  In  one  of  these  articles  it  is  de- 
clared that — 

"The  legislature  of  those  districts  or  new  states  shall  never  interfere 
with  the  primary  disposal  of  the  soil  by  the  United  States  in  congress 
assembled,  nor  with  any  regulations  congress  may  find  it  necessary  for  se- 
curing the  title  in  such  soil  to  the  bona  fide  purchasers." 

This  condition  has  been  exacted  from  the  people  of  all  the  new  terri- 
tories; and  to  put  its  obligation  beyond  dispute,  each  new  state,  carved 
out  of  the  public  domain,  has  been  required  explicitly  to  recognize  it  as 
one  of  the  condition?  of  admission  into  the  union.  Some  of  them  have 
declared,  through  their  convention,  in  separateacts  that  their  people  "for- 
ever disclaim  all  right  and  title  to  the  waste  and  unappropriated  lands 
lying  within  this  state,  and  that  the  same  shall  be  and  remain  at  the  sole 
and  entire  disposition  of  the  United  States." 

With  such  care  have  the  United  States  reserved  to  themselves,  in  all 
acts  down  to  this  day — in  legislating  for  the  territories  and  admitting- 
states  into  the  union — the  unshackled  power  to  execute,  in  good  faith,  the 
compacts  of  cession  made  with  the  original  states.  From  these  fact3 
and  proceedings  it  plainly  and  certainly  results: 

1.  That  one  of  the  fundamental  principles  upon  which  the  confedera- 


1833.]  193 

tion  of  the  United  States  was  originally  based,  was  that  the  waste  land 
of  the  west  v/ithin  their  limits,  should  be  the  common  property  of  the 
IfnKed  Stales. 

2.  That  those  lands  were  ceded  to  the  United  States  by  the  states 
which  claimed  ihem,  and  the  cessions  were  accepted,  on  the  express 
condition  that  they  shoiihi  he  disposed  ol"  for  the  common  l)ciicfit  of  the 
slates,  according- to  their  respective  pioportions  in  the  general  char<'-e 
and  expenditure,  and  for  no  other  purpose  whaisoever. 

3.  That  in  execution  of  these  solemn  compacts,  the  congress  of  the 
United  Slates  did,  under  the  confederation,  proceed  to  sell  these  lands 
and  put  the  avails  into  the  common  treasury;  and,  under  the  new  consti- 
tution, did  repeatedly  pledge  them  for  the  payment  of  the  public  debt  of 
the  United  States,  by  which  each  state  was  expected  to  profit  in  pro- 
portion to  the  general  charge  to  be  made  upon  it  for  that  object. 

These  are  the  first  principles  of  ibis  whole  subject,  which,  I  think 
cannot  be  contested  by  any  one  who  examines  the  proceedings  of  the 
revolutionary  congress,  the  cessions  of  the  several  states,  and  the  acts  of 
congress  under  the  new  constitution.  Keeping  them  deeply  impi-essed 
upon  the  mind  let  us  proceed  to  examine  how  far  the  objects  of  the  ces- 
sions have  been  completed,  and  see  whether  those  compacts  are  still  ob- 
ligatory upon  the  United  States. 

The  debt  for  which  these  lands  were  pledged  by  congress,  may  be 
considered  as  paid,  and  they  are  consequently  released  from  that  lien. 
But  that  pledge  formed  no  part  of  the  compacts  with  the  states,  or  of  the 
conditions  upon  which  the  cessions  were  made.  It  was  a  contract  be- 
tween new  parties — between  the  United  States  and  their  creditors.  Upon 
payment  of  the  debts  the  compacts  remain  in  full  force,  and  the  obliga- 
tion of  the  United  States,  to  dispose  of  the  lands  for  the  common  benefit, 
is  neither  destroyed  or  impaired.  As  they  cannot  now  be  executed  in 
that  mode,  the  only  legitimate  question  which  can  arise  is,  in  what  other 
way  are  these  lands  to  be  hereafter  disposed  of  for  the  common  benefit 
of  the  several  states  ^'•according  to  their  respective  and  usual  proportion 
in  the  general  charge  and  expenditure.'''^  The  cessions  of  Virginia,  North 
Carolina  and  Georgia,  in  express  terms,  and  all  the  rest  impliedly,  not 
only  provide  thus  specifically  the  proportion  according  to  wliich  each 
state  shall  profit  by  the  proceeds  of  tlie  land  sales,  but  they  proceed  to 
declare,  that  they  shall  be  '■^faithfully  and  bona  fide  disposed  of  for  that 
purpose.,  and  for  7io  other  use  or  purpose  whatsoever.^''  This  is  the  funda- 
mental law  of  the  land  at  this  moment,  growing  out  of  compacts  which 
are  older  than  the  constitution,  and  formed  the  corner  stone  on  which 
the  union  itself  was  erected. 

In  the  practise  of  the  government,  the  proceeds  of  the  public  lands 
have  not  been  set  apart  as  a  separate  fund  ibr  the  payment  of  the  public 
debt,  but  have  been  and  are  now  paid  into  the  treasury,  where  they  con- 
stitute a  part  of  the  aggregate  of  the  revenue  upon  which  the  govern- 
ment draws,  as  well  for  its  current  expenditures,  as  for  payment  of  the 
public  debt.  In  this  manner  they  have  heretofore  and  do  now  lessen  the 
general  charge  upon  the  people  of  the  several  states,  in  the  exact  propor- 
tions stipulated  in  the  compacts. 


194  [December, 

These  general  charges  have  been  composed,  not  only  of  the  public 
debt  and  the  usual  expenditures  attending  the  civil  and  military  admin- 
istrations of  the  government,  but  of  the  amounts  paid  to  the  states  with 
which  these  compacts  were  formed,  the  amounts  paid  to  the  Indians  for 
their  right  of  possession,  the  amounts  paid  tor  the  purchase  of  Louisiana 
and  Florida,  and  the  amounts  paid  surveyors,  registers,  clerks,  &:c.  em- 
ployed in  preparing  for  market  and  selling  the  western  domain. 

From  the  origin  of  the  land  system  down  to  September  30,  1832,  the 
amount  expended  for  all  these  purposes  has  been  about  §49,701, 280 — and 
<he  amount  received  from  the  sales,  deducting  payments  on  account  of 
roads,  &c.  §38,  386,624.  The  revenue  arising  from  the  public  lands, 
therefore,  has  not  been  sufficient  to  meet  the  general  charges  on  the 
treasury  which  have  grown  out  of  them,  by  about  $11,314,656.  Yet, 
in  having  been  applied  to  lessen  those  charges,  the  conditions  of  the  com- 
pacts have  been  thus  far  fulfilled,  and  each  state  has  profitted  according 
to  its  usual  proportion  in  the  general  charge  and  expenditure.  The  an- 
nual proceeds  of  land  sales  have  increased  and  the  charges  have  dimin- 
ished so  that  at  a  reduced  price  those  lands  would  now  defray  all  current 
charges  growing  out  of  them,  and  save  the  treasury  from  further  advances 
on  their  account  Their  original  intent  and  object,  therefore,  would  be 
accomplished  as  fully  as  it  has  hitherto  been,  by  reducing  the  price,  and 
hereafter,  as  heretofore,  bringing  the  proceeds  into  the  treasury.  Indeed, 
as  this  is  the  only  mode  in  which  the  objects  of  the  original  compacts 
can  be  attained,  it  may  be  considered  for  all  practical  purposes,  that  it  is 
one  of  their  requirements. 

The  bill  before  me  begins  with  an  entire  subversion  of  every  one  of  the 
compacts  by  which  the  United  States  became  possesed  of  their  w^estern 
domain,  and  treats  the  subject  as  if  they  never  had  existence,  and  as  if 
the  United  States  were  the  original  and  unconditional  owners  of  all  the 
public  lands.     The  first  section  directs — 

''That  from  and  after  the  31st  day  of  December,  1832,  there  shall  be 
allowed  and  paid  lo  each  of  the  states  of  Ohio,  Indiana,  Illinois,  Alabama, 
Missouri,  Mississippi,  and  Louisiana,  over  and  above  what  each  of  the 
said  states  is  entitled  to  by  the  terms  of  the  compacts  entered  into  be- 
tween tiiem  respectively  upon  their  admission  into  the  union  and  the  Uni- 
ted States,  the  sum  of  twelve  and  a  half  per  centum  upon  the  net  amount 
of  the  sales  of  the  public  lands  which,  subsequent  to  the  day  aforesaid, 
shall  be  made  within  the  several  limits  of  the  said  states;  which  said 
sum  of  twelve  and  a  half  per  centum  shall  be  applied  to  some  object  or 
objects  of  internal  improvements  or  education  Avithin  the  said  states 
under  the  direction  of  the  several  legislatures." 

This  twelve  and  a  lialf  per  centum  is  to  be  taken  out  of  the  net  pro- 
ceeds of  the  land  sales  before  any  apportionments  is  made;  and  the  same 
seven  states  which  are  first  to  receive  this  proportion,  are  also  to  receive 
their  due  proportion  of  the  residue,  according  to  the  ratio  of  general  dis- 
tribution. 

Now,  waiving  all  considerations  of  equity  or  policy  in  regard  to  this 
provision,  what  more  need  be  said  to  demonstrate  its  objectionable 
character,  than  that  it  is  in  direct  and  undisguised  violation  of  the  pledge 


1833.]  195 

given  by  congress  to  the  states  before  a  single  cession  was  made;  that  it 
abrogates  the  condition  upon  which  some  ofthe  states  come  into  the  union- 
and  that  it  sets  at  nought  the  terms  of  cession  spread  upon  the  lace  ot" 
every  grant  under  which  the  title  to  that  portion  of  the  public  lands  is 
held  by  the  federal  government. 

In  the  apportionment  of  the  remainig  seven-eights  of  the  proceeds,  this 
bill,  in  a  manner  equally  undisguised,  violates  the  conditions  upon  which 
the  United  States  acquired  title  to  the  ceded  lands.  Abandoning  alto- 
gether the  ratio  of  distribution  according  to  the  general  charge  and  ex- 
penditure, provided  by  the  compacts  it  adopts  that  of  the  federaf  represen- 
tative population.  Virginia,  and  other  states,  which  ceded  their  lands 
upon  the  express  condition,  that  they  should  receive  a  benefit  from  their 
sales  in  proportion  to  their  part  of  the  general  charge  are  by  the  bill  al- 
lowed only  a  portion,  of  seven-eights  of  their  proceeds,  and  tliat  not  in 
the  proportion  of  general  charge  and  expenditure,  but  in  the  ratio  of  their 
federal  representative  population. 

The  constitution  of  the  United  States  did  not  delegate  to  congress  the 
power  to  abrogate  these  compacts.  On  the  contrary,  by  declarin?  that 
nothing  in  it  ^'■shall  be  construed  as  to  prejudice  any  claims  of  the  United 
States  or  of  any  particnl  .r  state,-^  it  virtually  provides  that  these  compacts 
and  the  rights  they  secure,  shall  remain  untouched  by  the  legislative 
power,  which  shall  only  make  all  '•'•needful  rules  aud  regulations^''''  for 
carrying  them  into  effect.  All  beyond  this  would  seem  to  be  an  assump- 
tion of  the  undelegated  power. 

These  ancient  compacts  are  invaluable  monuments  of  an  age  of  virtue, 
patriotism  and  disinterestedness.  They  exhibit  the  price  that  great  states, 
which  had  won  liberty,  were  willing  to  pay  for  that  union,  williout  which 
they  plainly  saw  it  could  not  be  preserved.  It  was  not  for  territory  or 
state  power,  that  our  revolutionary  leathers  took  arms;  it  was  for  individual 
liberty,  and  the  right  of  self  government.  The  expulsion  from  the  conti- 
nent of  British  armies  and  British  power,  was  to  them  a  barren  conquest, 
if,  through  the  collisions  of  the  redeemed  states,  the  individual  rights  for 
which  they  fought,  should  become  the  prey  of  petty  military  tyrannies, 
established  at  home.  To  avert  such  consequences,  and  throw  around 
liberty  the  shiehl  of  union,  states,  whose  relative  strength  at  the  time, 
gave  them  a  preponderating  power,  magnanimously  sacrificed  domains, 
which  would  have  made  tliem  the  rivals  of  empires;  only  stipulating  that 
they  should  be  disposed  of  for  the  common  benefit  of  tJiemselves  and  the 
other  confederate  states.  This  enlightened  policy  produced  union,  and 
has  secured  liberty.  It  has  made  our  waste  lands  to  swarm  with  a  busy 
people,  and  added  many  powerful  states  to  our  confederation.  As  vvell 
lor  the  fruits  which  noble  works  of  our  ancestors  have  produced,  as  for 
the  devotedness  in  which  they  originated,  we  should  hesitate  before  we 
demolish  them. 

But  there  are  other  principles  asserted  in  the  bill  which  would  have 
impelled  me  to  withhold  my  signature,  had  I  not  seen  in  it  a  violation  of 
the  compacts  by  which  the  United  States  acquired  title  to  a  large  por- 
tion of  public  lands.  It  re-asserts  the  principle  contained  in  the  bill 
authorising  a  subscription  to  the  stock  of  the  Maysville,  Washington 


196  [December. 

Paris  and  Lexington  Turnpike  Road  Company,  from  which  I  was  com- 
pelled to  wilhhold  my  consent,  for  reasons  contained  in  my  message  on 
the  27ili  May,  1830,  to  the  house  of  represenlalives. 

The  leading  jjiinciple  then  Asserted  was,  that  congress  possesses  no 
constitutional  powers  to  appropriate  any  part  of  the  moneys  of  the  United 
Stales,  for  objects  of  a  local  character  within  the  states.  That  prin- 
ciple, 1  cannot  be  mistaken  in  supposing,  has  received  the  unequivocal 
sanction  of  the  American  people,  and  all  subsequent  reflection  has  but 
satisfied  me  more  thoroughly,  that  the  interests  of  our  people,  and  the 
purity  of  our  government,  if  not  its  existence,  depend  on  its  observance. 
The  public  lands  are  the  common  property  oCthe  United  States,  and  the 
moneys  arising  from  their  sales,  are  a  pari  of  the  public  revenue.  This 
bill  proposes  to  raise  from  and  appropriate  a  portion  of  this  public  reve- 
nue to  certain  states,  providing  expressly,  that  it  shall  "6e  applied  to 
objects  of  internal  improvement  or  education  within  those  5/a^es."  and  then 
proceeded  to  appropriate  the  balance  to  all  the  states,  with  the  dechra- 
tion,  that  it  shall  be  applied  '-Ho  such  purpose  as  the  legislatures  of  the 
said  respective  states  shall  deem  proper.^^  The  former  appropriation  is 
expressly  for  internal  improvement  or  education,  without  qualification  as 
to  the  kind  of  improvements,  and  therefore  in  express  violation  of  the 
principle  maintained  in  my  objections  to  the  turnpike  road  bill,  above 
referred  to.  The  latter  appropriation  is  more  broad,  and  gives  the 
money  to  be  applied  to  any  local  purpose  whatsoever.  It  wdl  not  be 
denied,  that  under  the  provisions  ol  the  bill,  a  portion  of  the  money  might 
have  been  applied  to  making  the  .very  road  to  which  the  bill  of  1830 
had  reference,  and  must  of  course  come  within  the  scope  of  the  same 
principle.  If  the  money  of  the  United  States  cannot  be  applied  to  local 
purposes  "through  its  own  agents"  as  little  can  it  be  permitted  to  be  thus 
expended  "through  the  agency  of  the  state  governments." 

It  lias  been  supposed  that  with  all  the  reductions  in  our  revenue  which 
could  be  speedily  ellected  by  congress,  without  injury  to  the  substantial 
interests  oi  the  country,  there  might  be  ibr  some  years  to  come  a  surplus 
of  moneys  in  the  treasury,  and  tliat  there  was,  in  piinciple,  no  objection 
to  returning  them  to  the  people  by  whom  tl,ey  were  paid.  As  the  literal 
accomplishment  of  such  an  object  is  obviously  impracticable,  it  was 
thought  advisable,  as  the  nearest  approximation  to  it,  to  hand  them  over 
to  the  state  governments,  the  more  immediate  representatives  of  the  peo- 
ple, to  be  by  them  applied  to  the  benefit  of  those  to  whom  they  properly 
belonged.  The  principle  and  the  object  were,  to  return  to  the  people  an 
unavoidable  surplus  of  revenue,  which  might  have  been  paid  by  them 
under  a  system  which  could  not  at  once  be  abandoned;  but  even  this  re- 
source, which  atone  time  seemed  to  be  almost  the  only  alternation  to  save 
the  general  government  from  grasping  unlimited  power  over  internal  im- 
provements, was  suggested  with  doubts  of  its  constitutionality. 

But  this  bill  assumes  a  new  principle.  Its  object  is  not  to  return  to 
the  people  an  unavoidable  surplus  of  revenue  paid  in  by  them,  but  to  cre- 
ate a  surplus  for  distribution  among  the  states.  It  seizes  the  entire  pro- 
ceeds ol  one  source  of  revenue  and  sets  them  apart  as  a  surplus,  making 
it  necesiary'  to  raise  the  money*  for  supporting  the  government  and 


1833.]  197 

meeting  the  general  charges  from  other  sources.  It  even  throws  the 
entire  land  system  upon  the  customs  for  its  support,  and  makes  the  pub- 
lic lands  a  perpetual  charge  upon  the  treasury.  It  does  not  return  to  the 
people,  moneys  accidentally  or  unavoidably  paid  by  them  to  the  govern- 
ment, by  which  they  are  not  wanted;  but  compels  the  people  to  pay 
moneys  into  the  treasury  for  the  mere  purpose  of  creating  a  surplus  for 
distribution  to  their  state  governments. 

If  this  principle  be  once  admitted,  it  is  not  difficult  to  perceive  to  what 
consequences  it  may  lead.  Already  this  bill,  by  throwing  the  land  sys- 
tem on  the  revenues  from  imports  for  support,  virtually  distributes  among 
the  states  a  part  of  those  revenues.  The  proportion  may  be  increased 
from  time  to  time,  without  any  departure  from  the  principle  now  asserted, 
until  the  state  governments  shall  derive  all  the  funds  necessary  for  their 
support  from  the  treasury  of  the  United  States;  or,  if  a  sufficient  supply 
should  be  obtained  by  some  states  and  not  by  others,  the  deficient  states 
might  complain,  and  to  put  an  end  to  all  further  difficulty,  congress  with- 
out assuming  any  new  principle,  need  go  but  one  step  further  and  put 
the  salaries  of  all  the  state  governors,  judges,  and  other  officers,  with  a 
sufficient  sum  for  other  expenses,  in  their  general  appropriation  Lill. 

It  appears  to  me  that  a  more  direct  road  to  consolidation  cannot  be 
devised.  Money  is  power,  and  in  that  government  which  pays  all  the 
public  officers  of  the  states,  will  all  political  power  be  substantially  con- 
centrated. The  state  governments,  if  governments  they  might  be  called, 
would  lose  all  their  independence  and  dignity — the  economy  which  now 
distinguishes  them  would  be  converted  into  a  profusion,  limited  only  by 
the  extent  of  the  supply.  Being  the  dependants  of  the  general  govern- 
ment, and  looking  to  its  treasury  as  the  source  of  all  their  emoluments, 
the  state  officers,  under  whatever  names  they  might  pass,  and  by  what- 
ever forms  their  duties  might  be  prescribed,  would  in  effect  be  the  mere 
stipendiaries  and  instruments  of  the  central  power. 

I  am  quite  sure  that  the  intelligent  people  of  our  several  states,  will  be 
satisfied  on  a  little  reflection,  that  it  is  neither  wise  nor  safe  to  release 
the  members  of  their  local  legislatures  from  the  responsibility  of  levying 
the  taxes  necessary  to  support  their  state  governments,  and  vest  it  in  con- 
gress, over  most  of  whose  members  they  have  no  control. 

They  will  not  think  it  expedientthat  congress  shall  be  the  tax  gatherer 
and  paymaster  of  all  their  state  governments,  thus  amalgamating  all  their 
officers  into  one  mass  of  common  interest  and  common  feeling.  It  is  too 
obvious  that  such  a  course  would  subvert  our  well  balanced  system  of 
government,  and  ultimately  deprive  us  of  all  the  blessings  now  derived 
from  our  happy  union. 

However  willing  1  might  be,  that  any  unavoidable  surplus  in  the  trea- 
sury should  be  returned  to  the  people  through  their  state  governments,  I 
cannot  assent  to  the  principle  that  a  surplus  may  be  created  for  the  pur- 
pose of  distribution.  Viewing  this  bill  as  in  effect  assuming  the  right, 
not  only  to  create  a  surplus  for  that  purpose,  but  to  divide  the  contents 
of  the  treasury  among  the  states  without  limitation,  from  whatever  source 
they  may  be  derived,  and  asserting  the  power  to  raise  and  appropriate 
25 


198  [December, 

money  for  the  support  of  every  state  government  and  institution,  as  well 
as  for  niakiiii,^  every  local  improvement,  however  trivial,  I  cannot  give 
it  my  assent. 

It  is  difficult  to  perceive  what  advantage  would  accrue  to  the  old  states 
or  the  new,  from  the  system  of  distribution  which  this  bill  proposes,  if 
it  were  otherwise  objectionable.  It  requires  no  argument  to  prove  that 
if  three  millions  of  dollars  a  year,  or  any  other  sum,  shall  be  taken  out 
of  the  treasury  by  this  bill  for  distribution,  it  must  be  replaced  by  the 
same  sum  collected  from  the  people  through  some  other  means.  The 
old  stales  will  receive  annually  a  sum  of  money  from  the  treasury,  but 
they  will  pay  in  a  larger  sum,  together  with  the  expense  of  collection 
and  distribuiion.  It  is  only  their  proportion  of  seven-eights  of  the  pro- 
ceeds of  land  sales  which  they  are  to  receive,  but  they  must  pay  their 
due  proportion  of  the  ichole.  Disguise  it  as  we  may,  the  bill  proposes 
to  them  a  dead  loss,  in  the  ratio  of  eight  to  seven,  in  addition  to  expenses 
and  other  incidental  losses.  This  assertion  is  not  the  less  true  because 
it  may  not  at  first  be  palpable. 

Their  receipts  will  be  in  large  sums,  but  their  payments  in  small  ones. 
The  goverjnncnls  of  the  states  will  receive  seven  dollars  for  which  the 
people  of  the  states  will  pay  eight.  The  large  sums  received  will  be  pal- 
pable to  the  senses;  the  small  sums  paid,  it  requires  thought  to  identify. 
But  a  little  consideration  will  satisfy  the  people  that  the  eftect  is  the  same 
as  if  scv -71  hundred  dollars  were  given  them  from  the  public  treasury, 
lor  which  they  were  at  the  same  time  required  to  pay  in  taxes  direct  or 
iiidirect,  eight  hundred. 

I  deceive  myself  greatly  if  the  new  states  would  find  their  interests 
promoted  by  such  a  system  as  this  bill  proposes.  Their  true  policy  con- 
sists in  the  rapid  settling  and  improvment  of  the  waste  lands  within  their 
limits.  As  a  means  of  hastening  those  events,  they  have  long  been  look- 
ing to  a  reduction  in  the  price  of  public  lands  upon  the  final  payment  of 
ihe  national  debt.  The  efiect  of  the  proposed  system  would  be  to  pre- 
vent that  reduction.  It  is  true,  the  bill  reserves  to  congress  the  power 
to  reduce  the  price,  but  the  effect  of  its  details,  as  now  arranged,  would 
probably  be  forever  to  prevent  its  exercise. 

With  the  just  men  who  inhabit  the  new  states,  it  is  a  sufficient  reason 
to  reject  this  system,  that  it  is  in  violation  of  the  fundamental  laws  of 
the  republic  and  its  constitution.  But  if  it  were  a  mere  question  of  in- 
terest or  expediency,  they  would  still  reject  it.  They  would  not  sell 
their  bright  prospects  of  increasing  wealth  and  growing  power  at  such 
a  jirice.  They  would  not  place  a  sum  of  money  to  be  paid  into  their 
treasuries,  in  competition  with  the  settlement  of  their  waste  lands,  and 
the  increase  of  their  population.  They  would  not  consider  a  small  or  a 
large  annual  sum  to  be  paid  to  their  governments  and  immediately  expen- 
ded, as  an  equivalent  for  that  enduring  wealth  which  is  composed  of 
fioeks  andlicrus,  and  cultivated  farms.  No  temptation  will  allure  them 
from  that  object  of  abiding  interest,  the  settlemfMit  of  their  waste  lands, 
and  the  increase  of  a  hardy  race  of  free  citizens,  their  glory  in  peace 
ai.d  their  defence  in  war. 

On  the  wliole,  I  adhere  to  the  opinion  expressed  by  me  in  my  annual 


1833.]  199 

message  of  1832,  that  it  is  our  true  policy  that  the  public  lands  shall 
cease  as  soon  as  practic<ible  to  be  a  source  of  revenue  except  for  the 
payment  of  those  general  charges  which  grow  out  of  the  acquisition  of 
the  lands,  their  survey  and  sale.  Although  these  expenses  have  not  been 
metbv  the  proceeds  of  sales  heretofore,  it  is  quite  certain  they  will  be 
hereafter,  even  after  a  considerable  reduction  in  the  price.  By  meeting 
in  the  treasury  so  much  of  the  general  charge  as  arises  from  that  source, 
they  will  hereafter,  as  they  have  been  heretofore,  be  disposed  for  the 
common  benefit  of  the  United  States,  according  to  the  compacts  of  ces- 
sion. I  do  not  doubt  that  it  is  the  real  interest  of  each  and  all  the  states 
in  the  union,  and  particularly  of  the  new  states,  that  the  price  of  these 
lands  shall  be  reduced  and  graduated;  and  that  after  they  have  been  offer- 
ed for  a  certain  number  of  years,  the  refuse  remaining  unsold  shall  be 
abandoned  to  the  states,  and  the  machinery  of  our  land  systen  entirely 
withdrawn.  It  cannot  be  supposed  the  compacts  intended  that  the  Uni- 
ted States  should  retain  forever  a  title  to  lands  within  the  states  which 
are  of  no  value,  and  no  doubt  is  entertained  that  the  general  interest 
would  be  best  promoted  by  surrendering  such  lands  to  the  states. 

This  plan  for  disposing  of  the  public  lands  impairs  no  principle,  vio- 
lates no  compact,  and  deranges  no  system.  Already  has  the  price  of 
those  lands  been  reduced  from  tw^o  dollars  per  acre  to  one  dollar  and  a 
quarter,  and  upon  the  will  of  congress,  it  depends  w^hether  there  shall 
be  a  further  reduction.  While  the  burdens  of  the  east  are  diminishing 
by  the  reduction  of  the  duties  upon  imports,  it  seems  but  equal  justice 
that  the  chief  burden  of  the  west  should  be  lightened  in  an  equal  degree 
at  least.  It  would  be  just  to  the  old  states  and  the  new,  to  conciliate  every 
interest,  disarm  the  subject  of  all  its  dangers,  and  add  another  guaran- 
tee to  the  perpetuity  of  our  happy  union. 

Sensible,  however,  of  the  difficulties  which  surround  this  important 
subject,  I  can  only  add  to  my  regrets,  at  finding  myself  again  compelled 
to  disagree  with  the  legislative  power,  the  sincere  declaration  that  any 
plan  which  shall  promise  a  final  and  satisfactory  disposition  of  the  ques- 
tion, and  be  compatible  with  the  constitution  and  public  faith,  shall  have 
mv  hearty  concurrence. 

ANDREW  JACKSON. 

December  4,  1853. 


MESSAGE  TO  CONGRESS. 


Communicated  .December  3,  1834. 


MESSAGE  TO  CONGRESS. 


Coniiniinicated  December  2,  1834. 


Fellow- citizens  of  the  Senate 

and  House  of  Representatives: 

In  performing  my  duty  at  the  opening  of  your  present  session,  it  gives 
me  pleasure  to  congratulate  you  again  upon  the  prosperous  condition  of 
our  beloved  country.  Divine  Providence  has  favored  us  with  general 
health,  with  rich  rewards  in  the  fields  of  agriculture  and  in  every  branch 
of  labour,  and  with  peace  to  cultivate  and  extend  the  various  resources 
wdiich  employ  the  virtue  and  enterprise  of  our  citizens.  Let  us  trust 
that,  in  surveying  a  scene  so  flattering  to  our  free  institutions,  our  joint 
deliberations  to  preserve  them  may  be  crowned  with  success. 

Our  foreign  relations  continue,  with  but  few  exceptions,  to  maintain 
the  favourable  aspect  which  they  bore  in  my  last  annual  message,  and 
promise  to  extend  those  advantages  which  the  principles  that  regulate 
our  intercourse  wnth  other  nations  are  so  well  calculated  to  secure. 

The  question  of  the  north-eastern  boundary  is  still  pending  with  Great 
Britain,  and  the  proposition  made,  in  accordance  with  the  resolution  of 
the  Senate,  for  the  establishment  of  a  line  according  to  the  treaty  of  1783, 
has  not  been  accepted  by  that  government.  Believing  that  every  dis- 
position is  felt  on  both  sides  to  adjust  this  perplexing  question  to  the  sat- 
isfaction of  all  the  parties  interested  in  it,  the  hope  is  yet  indulged  that 
it  may  be  effected  on  the  basis  of  that  proposition. 

With  the  governments  of  Austria,  Russia,  Prussia,  Holland,  Sweden, 
and  Denmark,  the  best  understanding  exists.  Commerce,  with  all,  is 
fostered  and  protected  by  reciprocal  good  will,  under  the  sanction  ot 
liberal  conventional  or  legal  provisions.  ^^     .    ,  .-^    i 

In  the  midst  of  her  internal  difficulties,  the  Queen  of  Spain  has  ratified 
the  convention  for  the  payment  of  the  claims  of  our  citizens  arising 
since  1819.     It  is  in  the  course  of  execution  on  her   part,  and  a  copy  ot 


204  [December, 

it  is  now  laid  before  you  for  such  legislation  as  may  be  found  necessary 
to  enable  those  interested  to  derive  the  benefits  of  it. 

Yielding  to  the  force  of  circumstances,  and  to  the  wise  councils  of 
time  and  experience,  that  Power  has  finally  resolved  no  longer  to  occupy 
the  unnatural  position  in  which  she  stood  to  the  new  governments  es- 
tablished in  this  hemisphere.  I  have  the  great  satisfaction  of  stating  to 
you  that  in  preparing  the  way  for  the  restoration  of  harmony  between 
those  who  have  sprung  from  the  same  ancestors,  who  are  allied  by  com- 
mon interests,  profess  the  same  religion,  and  speak  the  same  language, 
the  United  States  have  been  actively  instrumental.  Our  efforts  to  effect 
this  good  work  will  be  persevered  in  while  they  are  deemed  useful  to 
the  parties,  and  our  entire  disinterestedness  continues  to  be  felt  and  un- 
derstood. The  act  of  Congress  to  countervail  the  discriminating  duties, 
levied  to  the  prejudice  of  our  navigation,  in  Cuba  and  Porto  Rico,  has 
been  transmitted  to  the  minister  of  the  United  States  at  Madrid,  to  be 
communicated  to  the  government  of  the  Queen.  No  intelligence  of  its 
receipt  has  yet  reached  the  Department  of  State.  If  the  present  con- 
dition of  the  country  permits  the  government  to  make  a  careful  and  en- 
larged examination  of  the  true  interests  of  these  important  portions  of  its 
dominions,  no  doubt  is  entertained  that  their  future  intercourse  with  the 
United  States  will  be  placed  upon  a  more  just  and  liberal  basis. 

The  Florida  archives  have  not  yet  been  selected  and  delivered.  Recent 
orders  have  been  sent  to  the  agent  of  the  United  States  at  Havana,  to 
return  with  all  he  can  obtain,  so  that  they  may  be  in  Washington  before 
the  session  of  the  supreme  court,  to  be  used  in  the  legal  questions  there 
pending,  to  which  the  government  is  a  party. 

Internal  tranquillity  is  happily  restored  to  Portugal.  The  distracted 
^tate  of  the  country  rendered  unavoidable  the  postponement  of  a  final  pay- 
ment of  the  just  claims  of  our  citizens.  Our  diplomatic  relations  will 
be  soon  resumed,  and  the  long  subsisting  friendship  with  that  Power  af- 
fords the  strongest  guarantee  that  the  balance  due  will  receive  prompt 
attention. 

The  first  instalment  due  under  the  convention  of  indemnity  with  the 
king  of  the  two  Sicilies,  has  been  duly  received,  and  an  offer  has  been  made 
to  extinguish  the  whole  by  a  prompt  payment — an  offer  I  did  not  consid- 
er myself  authorized  to  accept,  as  the  indemnification  provided  is  the 
exclusive  property  of  individual  citizens  of  the  United  States.  The  or- 
iginal adjustment  of  our  claims,  and  the  anxiety  displayed  to  fulfil  at  once 
the  stipulations  made  for  the  payment  of  them,  are  highly  honourable  to 
the  government  of  the  two  Sicilies.  When  it  is  recollected  that  they 
were  the  result  of  the  injustice  of  an  intrusive  power,  temporarily  dom- 
inant in  its  territory,  a  repugnance  to  acknowledge  and  to  pay  which, 
would  have  been  neither  unnatural  nor  unexpected,  the  circumstances 
cannot  fail  to  exalt  its  character  for  justice  and  good  faith  in  the  eyes  of 
all  nations. 

The  treaty  of  amity  and  commerce  between  the  United  States  and 
Belgium,  brought  to  your  notice  in  my  last  annual  message,  as  sanction- 
ed by  the  senate,  but  the  ratification  of  which  had  not  been  exchanged, 
owing  to  a  delay  in  its  reception  at  Brussels,  and  a  subsequent  absence 


1834.]  205 

of  tlie  Belgian  minister  of  foreign  affairs,  has  been,  after  mature  deliber- 
tion,  finally  disavowed  by  that  government  as  inconsistent  with  the  powers 
and  instructions  given  to  their  minister  who  negotiated  it.  This  disa- 
vowal was  entirely  unexpected,  as  the  liber-d  principles  embodied  in  the 
convention,  and  which  form  the  ground-work  of  the  objections  to  it 
were  perfectly  satisfactory  to  the  Belgian  representative,  and  were  sup' 
posed  to  be  not  only  within  the  powers  giantcd,  but  expressly  conform- 
able to  the  instructions  given  to  him.  An  offer,  not  yet  accepted,  lias 
been  made  by  Belgium  to  renew  negotiations  for  a  treaty  less  liberal  in 
its  provisions,  on  questions  of  general  mai'itiine  law. 

Our  newly  established  relations  uith  the  Sublime  Porte  promise  to  be 
useful  to  our  commerce,  and  satisfactory  in  every  respect  to  ih  s"-overn- 
meht.  Our  intercourse  with  the  Barbary  Powers  continues  without  im- 
portant change,  except  that  the  present  political  stale  of  Algiers  has  in- 
duced me  to  terminate  the  residence  there  of  a  salaried  consul,  and  to 
substitute  an  ordinary  consulate,  to  remain  so  long  as  the  place  con- 
tinues in  the  possession  of  France.  Our  first  treaty  with  one  of  these 
powers — the  emperor  of  Morocco — was  formed  in  1786,  and  was  lim- 
ited to  fifty  years.  That  period  has  almost  expired.  I  shall  take  mea- 
sures to  renew  it  with  the  greater  satisfaction,  as  its  stipulations  are  just 
and  liberal,  and  have  been,  with  mutual  fidelity  and  reciprocal  advanta<'-es 
scrupulously  fulfilled. 

Intestine  dissensions  have  too  frequently  occurred  to  mar  the  prosper- 
ity, interrupt  the  commerce,  and  distract  the  governments  of  most  of  (he 
nations  of   this  hemisphere,   which  separated  themselves  fiom   Spain. 
When  a  firm  and  permanent  understanding  with  tlie  parent  country  shall 
have  produced  a  formal  acknowledgment  of  their  independence,  and  the 
idea  of  danger  from  that  quarter  can  be  no  longer  entertained,  the  friends 
of  freedom  expect  that  those  countries,  so  favoured  by  nature,  will  be 
distinguished  for  their  love  of  justice,  and  their  devotion  to  those  peace- 
ful arts,  the  assiduous  cultivation  of  which  confers  honour  upon  nations, 
and  gives  value  to  human  life.     In  the  mean  time  I  confidently  hope,  that 
the  apprehensions  entertained,  that  some  of  the  people  of  these  luxuriant 
regions  may  be  tempted,  in  a  moment  of  unworthy  distrust  of  their  own 
capacity  for  the  enjoyment  of  liberty,  to  commit  the  too  common  erroi- 
of  purchasing  present  repose  by  bestowing  on  some  favourite  leaders 
the  fatal  gift  of  irresponsible  power — will   not  be  realized.     "With  all 
these  governments,  and  with  that  of  Brazil,  no  unexpected  changes  in 
our  relations  have  occurred  during  the  present  year.   Frequent  causes  of 
just  complaint  have  arisen  upon  the  part  of  the  citizens  of  the  United 
States — sometimes  from  the  irregular  action  of  the  constituted  subordi- 
nate authorities  of  the  maritime  regions,  and  sometimes  from  the  leaders 
or  partisans  of  those  in  arms  against  the  established  governments.     In  all 
cases,  representations  have  been,  or  will  be  made,  and  as  soon  as  their 
political  affairs  are  in  a  settled  position,  it  is  expected  that  our  friendly 
remonstrances  will  be  followed  by  adequate  redress. 

The  government  of  Mexico  made  known  in  December  last,  the  ap- 
pointment of  commissioners  and  a  surveyor,  on  its  part,  to  run  in  con- 
36 


206  [December. 

junction  with  ours,  the  boundary  line  between  its  territories  and  the  Uni- 
ted States,  and  excused  the  delay  for  the  reasons  anticipated — the  pre- 
valence oi"  civil  war.  The  commissioners  and  surveyors  not  having  met 
within  the  time  stipulated  by  the  treaty,  a  new  arrangement  became  ne- 
cessary, and  our  charge  d'aifaires  was  instructed,  in  January  last,  to  ne- 
gotiate, in  Mexico,  an  article  additional  to  the  pre-existing  treaty.  This 
instruction  was  acknowledged,  and  no  difficulty  was  apprehended  in  the 
accomplishment  of  that  object.  By  infoimation  just  received,  that  ad- 
ditional article  to  the  treaty  will  be  obtained,  and  transmitted  to  this 
country,  as  soon  as  it  can  receive  the  ratitication  of  the  Mexican  con- 
gress. 

The  re- union  of  the  states  of  New  Granada,  Venezuela,  and  Equador, 
forming  the  republic  of  Colombia,  seems  every  day  to  become  more  im- 
probable. The  commissioners  of  the  two  fiist  are  understood  to  be  now 
negotiating  a  just  division  of  the  obligations  contracted  by  them  when 
united  under  one  government.  The  civil  war  in  Equador,  it  is  believed, 
has  prevented  even  the  appointment  of  a  commissioner  on  its  part. 

I  propose,  at  an  early  day,  to  submit  in  the  proper  form,  the  appoint- 
ment of  a  diplomatic  agent  to  Venezuela.  The  importance  of  the  com- 
merce of  that  country  to  the  United  States,  and  the  large  claims  of  our 
citizens  upon  the  government,  arising  before  and  since  the  division  of 
Colombia,  rendering  it,  in  my  judgment,  improper  longer  to  delay  this 
step. 

Our  representatives  to  Central  America,  Peru,  and  Brazil,  are  either 
at,  or  on  their  way  to,  their  respective  posts. 

From  the  Argentine  republic,  from  which  a  minister  was  expected  to 
this  government,  nothing  further  has  been  heard.  Occasion  has  been 
taken,  on  the  departure  of  a  new  consul  to  Buenos  Ayres  to  remind  that 
government,  that  its  long  delayed  minister,  whose  appointment  had  been 
made  known  to  us,  had  not  arrived. 

It  becomes  my  unpleasant  duly   to  inform  you  that  this  pacific  and 
highly  gratilying  picture  of  our  foreign  relaiions,  dose  not  include  those 
with  France,  at  this  lime.     It  is  not  possible  that  any  government  and 
people  could  be  more  sincerely  desirous  of  conciliating  a  just  and  friend- 
ly intercourse  wilh  another  nation,  than  are  those  of  the  United  Stales 
with  their  ancient  ally  and  friend.     This  dispo.^ition  is  founded,  as  well 
on  the  most  grateful  and  honourable  recollections  associated  with  our 
struggle  for  independence,  as  upon  a  well-grounded  conviction  that  it  is 
consonant  with  the  true   policy  of  both.     The  people  of  the  United 
Stales  could  not,  therefore,  see,  without  the  deepest  regret,  even  a  tem- 
porary interruption  of  the  friendly  relations  between  the  two  countries 
— a  regret  which  would,  1  am  sure,  be  greatly  aggravated,  if  there 
should  turn  out  to  be  any  reasonable  ground  for  attributing  such  a  result 
to  any  act  of  omission  or  commission  on  our  part.     I  derive,  therefore, 
the  highest  satisfaction  from  being  able  to  assure  you,  that  the  whole 
course  of  this  government  has  been  characterized  by  a  spirit  so  concilia- 
tory and  forbearing,  as  to  make  it  impossiole  that  our  justice  and  modera- 
tion should  be  questioned,  whatever  may  be  the  consequences  of  a  longer 


1834.]  207 

perseverance,  on  the  part  of  the  French  government,  in  her  omission  to 
satisfy  the  conceded  claims  of  our  cilizens. 

The  liistory  of  the  accumulated  and  unprovoked  agi^ressions  upon  our 
commerce,  committed  by  authority  of  the  existing  governments  of  France 
between  the  years  1800  and  1S17,  has  been  rendered  too  painfully 
familiar  to  Americans  to  make  its  repetition  either  necessary  or  desirable. 
It  will  be  sufficient  here  to  remark,  that  there  has,  for  manv  years  been 
scarcely  a  single  administration  of  the  French  government  by  whom  the 
justice  and  legality  of  the  claims  of  our  citizens  to  indemnity,  were  not 
to  a  very  considerable  extent,  admitted;  and  yet  near  a  quarter  of  a  cen- 
tury has  been- wasted  in  inelfectual  negotiations  to  secure  it. 

Deeply  sensible  of  the  injurious  effects  resulting  from  this  state   of 
things  upon  the  interests  and  character  of  both  nations,  I  regarded  it  as 
among  my  first  duties  to  cause  one  more  effort  to  be  made  to  satisfy 
France,  that  a  just  and  liberal  settlement  of  our  claims  was  as  well  due 
to  her  own  honour  as  to  their  incontestible  validity.     The  negotiation  for 
this  purpose  was  commenced  with  the  late  government  of  France,  and 
was  prosecuted  with  such  success,  as  to   leave  no  reasonable  ifround  to 
doubt  that  a  settlement  of  a  character  quite  as  liberal  as  that  which  wag 
subsequently  made,  would  have.been  effected,  had  not  the  revolution,  by 
which  the  negotiation  was  cut  off,  taken  place.     The  discussions  were 
resumed  with  the  present  government,  and  the  result   showed,  that  we 
were  not  wrong  in  supposing,  that  an  event  by  which  the  two  govern- 
ments   weie  made  to    appioacli  each    other  so    much  nearer  in    their 
political  principles,  and   by  wiiich  the  motives  for  the  most  liberal  and 
iViendly  intercourse  were  so  greatly  multiplied,  could  exercise  no  other 
than  a  salutary  influence  upon  the  negotiation.     After  the  most  deliberate 
and  thorough  examination  of  the  whole  subject,  a  treaty  between  the 
two  governments  was  concluded  and  signed  at  Paris  on  the  4th  of  July, 
1831,  by  which  it  was  stipulated,  that  "the  French  government  in  order 
to  liberate  itself  from  all  the  reclamations  preferred  against  it  by  citizens 
of  the  United  States,  lor  unlawful  seizuies,  captures,  sequestrations,  con- 
fiscations, or  destruction  of  their  vesse.s,  cargoes,  or  other  property, 
engages  to  pay  a  sum  of  twenty-five  millions  of  francs  to  the  United 
States,  who  shall  distribute  it  among  those  entitled,  in  the  manner   and 
according  to  the  rules  it  shall  determine"  and  it  was  also  stipulated  on 
the  part  of   the  French  government,  that  this  twenty-five  nuUions   of 
francs  should  "be  paid  at  Paris  in  six  annual  instalments  of  four  millions 
one  hundred  and  sixty-six  thousand  six  hundred  and  sixty-six  Irancs  and 
sixty-six  centimes  each,  into  the  hands  of  such  person  or  peisons  as 
shall  be  authorized  t)y  the  goverinrient  of  the  United  States  to  receive 
it."     The  first  instalment  to  be  paid  "at  the  expiration  of  one  year  next 
ibllowmg  the  exchange  of  the  ratifications  of  this  convention,  and  the 
others  at  successive  intervals  of  a  year,  one  after  another,  till  the  whole 
shall  be  paid.     To  the  amount  of  each  of  the  said  instalments  shall  be 
added  interest  at  four  per  centum  thereupon,  as  upon  the  other  instal- 
ments then  remaining  unpaid;  the  said  interests  to  be  computed  from  the 
day  of  the  excliange  of  the  present  convention." 

It  was  also  stipulated,  on  thy  part  of  the  United  States,  for  the  purpose 


208  [December, 

of  being  completely  liberated  from  all  the  reclamations  presented  by 
France  on  behalf  of  its  citizens,  that  the  sum  of  one  million  five  hundred 
thousand  francs  should  be  paid  to  the  government  of  France,  in  six  annual 
instalments,  to  be  deducted  out  of  the  annual  sums  which  France  had 
agreed  to  pay,  interest  thereupon  being  in  like  manner  computed  from 
the  day  of  the  exchange  of  the  ratifications,  tn  addition  to  this  stipula- 
tion, important  advantages  were  secured  to  France  by  the  following  ar- 
ticle, viz;  ''The  wines  of  France,  from  and  after  the  exchange  ol  the 
ratifications  of  the  present  convention,  shall  be  admitted  to  consumption 
in  the  States  of  the  Union,  at  duties  which  shall  not  exceed  the  following 
rates  by  the  gallon,  (such  as  it  is  used  at  present  for  winps  in  the  United 
States,)  to  wit:  six  cents  for  red  wines  in  casks;  ten  cents  for  white  wines 
in  casks;  and  twenty -two  cents  for  wines  of  all  sorts  in  bottles.  The 
proportions  existing  between  the  duties  on  French  wines  thus  reduced, 
and  the  general  rates  of  the  taritf  which  went  into  operation  the  first  of 
January,  1829,  shall  be  maintained,  in  case  the  govei-nment  of  the  Unit- 
ed States  should  think  proper  to  diminish  those  general  rates  in  a  new 
tariff.  In  consideration  of  this  stipulation,  which  shall  be  binding  on  the 
United  States  for  ten  years,  the  French  government  abandons  the  recla- 
mations w^hich  it  had  formed  in  relation  to  the  8th  article  of  the  treaty 
of  cession  of  Louisiana.  It  engages,  moreover,  to  establish  on  the  Zon^ 
staple  cottons  of  the  United  States,  which,  after  the  exchange  of  the  rati- 
fications of  the  present  convention,  shall  be  brought  directly  thence  to 
France  by  the  vessels  of  the  United  States,  or  by  French  vessels,  the 
same  duties  as  on  short  staple  cottons." 

This  treaty  was  duly  ratified  in  the  manner   prescribed  by  the  consti- 
tutions of  both  countries,  and  the  ratification  was  exchanged  at  the  city 
of  Washington,  on  the  2d  of  February,  1832.     On  account  of  its  com- 
mercial stipulations  it  was,  in  five  days  thereafter,  laid   before  the  Con- 
gress of  the  United  States,  which  proceeded  to  enact  such  laws  favora- 
ble to  the  commerce  of  France  as  were  necessary  to  carry  it  into  full  ex- 
ecution; and  France  has,  from  that  period  to  the  present,  been  in  the 
unrestricted  enjoyment  of  the  valuable  privileges  that  were  thus  secured 
to  her.     The   faith  of  the  French  nation  having   been  thus  solemnly 
pledged,  through  its  constitutional  organ,  for  the  liquidation  and  ultimate 
payment  of  the  long  deferred  claims  of  our  citizens,   as  also  for  the  ad- 
justment of  other  points  of  great  and  reciprocal  benefits  to  both  countries, 
and  the  United  States  having,  with  a  fidelity  and  promptitude  by  wliich 
their  conduct  will,  I  trust,  be   always  characterized,  done   every  thing 
that  was  necessary  to  carry  the  treaty  into  full   and  fair  effect   on  their 
part,   counted,  with  the  most   perfect   confidence,  on  equal  fidelity  and 
promptitude  on  the  part  of  the  French  government.     In  this  reasonable 
expectation  we  have  been,  I  regret  to  inform  you,  wholly  disappointed. 
No  legislative  provision  has  been  made  by  Franco   for  the  execution  of 
the  treaty,  either  as  it  respects  the  indemnity  to  be  paid,  or  the  commer- . 
cial  benefits  to  be  secured  to  the  United  States,  and  the  relations  between 
the  United  States  and  that  Power,  in  consequence  thereof,  are  placed  in 
a  situation  threatening  to  interrupt  the.  good  understanding  which  has  so 
long  and  so  happily  existed  between  the  two  nations 


1834.]  209 

Not  only  has  the  French  government  been  thus  wanting  in  the  per- 
formance of  the  stipulations  it  has  so  solemny  entered  into  with  the 
United  States,  but  its  omissions  have  been  marked  by  circumstances 
which  would  seem  to  leave  us  without  satisfactory  evidences,  that  such 
performance  will  certainly  take  place  at  a  future  period.  Advice  of  tlie 
exchange  of  ratifications  reached  Paris  prior  to  the  8th  April,  1832. 
The  French  Chambers  were  then  sitting  and  continued  in  session  until 
the  21st  of  that  month,  and  although  one  instalment  of  the  indemnity  was 
payable  on  the  2d  of  February,  1833,  one  year  after  the  exchange  of 
ratifications,  no  application  was  made  to  the  Chambers  for  the  required 
appropriation,  and  in  consequence  of  no  appropriation  having  then  been 
made,  the  draft  of  the  United  States  government,  for  tljat  instalment, 
was  dishonoured  by  the  minister  of  Finance,  and  tlie  United  States 
thereby  involved  in  much  controversy.  The  next  session  of  the  Cham- 
bers commenced  on  the  19lh  November,  1832,  and  continued  until  the 
25th  of  April,  1833. 

Notwithstanding  the  omission  to  pay  the  first  instalment,  had 
been  made  the  subject  of  earnest  remonstrance  on  our  part,  the  treaty 
with  the  United  .States,  and  a  bill  making  the  necessary  appropria- 
tions to  execute  it,  were  not  laid  before  the  Chamber  of  Deputies 
until  the  6th  of  April,  nearly  five  months  after  its  meeting,  and  only  nine- 
teen days  before  the  close  of  the  session.  The  bill  was  read  and  refer- 
red to  a  committee,  but  their  was  no  further  action  upon  it.  The  next 
session  of  the  Chambers  commenced  on  the  26tli  of  April,  1833,  and 
continued  until  the  25th  of  June  following,  A  new  bill  was  introduced 
on  the  1 1th  of  June,  but  nothing  important  was  done  in  relation  to  it  dur- 
ing the  session.  In  the  month  of  April,  1834,  nearly  three  years  after 
tlie  signature  of  the  treaty,  the  final  action  of  the  Fiench  Chambers  upon 
the  bill  to  carry  the  treaty  into  etfect,  was  obtained,  and  resulted  in  a 
refusal  of  the  necessary  appropriations.  The  avowed  grounds  upon 
which  the  bill  was  rejected  are  to  be  found  in  the  published  debates  of 
that  body,  and  no  observations  of  mine  can  be  necessary  to  satisfy  Con- 
gress of  their  utter  insufficiency. 

Although  the  gross  amount  of  the  claims  of  our  citizens  is  pro- 
bably greater  than  will  be  ultimately  allowed  by  the  commissioners, 
sufficient  is,  nevertheless,  shown,  to  render  it  absolutely  certain 
that  the  indemnity  falls  far  short  of  the  actual  amount  of  our  just  claims, 
independently  of  the  question  of  damages  and  interest  for  tiie  detention. 
That  the  settlement  involved  a  sacrifice  in  this  respect  was  well  known 
at  the  time — a  sacrifice  which  w^as  cheerfully  acquiesced  in  by  the  dif- 
ferent branches  of  the  Federal  Government,  whose  action  upon  the  treaty 
was  required,  from  a  sincere  desire  to  avoid  further  collision  upon  this 
old  and  distui-bing  subject,  and  in  the  confident  expectation  that  the  gen- 
eral relations  between  the  two  countries  would  be  improved  thereby. 

The  refusal  to  vote  the  appropriation,  the  news  of  wdiich  was  received 
from  our  Minister  in  Paris  about  the  15th  of  May  last,  might  have  been 
considered  the  final  determination  of  the  French  government  not  to  exe- 
cute the  stipulations  of  the  treaty,  and  would  have  justified  an  immediate 
communication  of  the  facts  to  Congress,  with  a  recommendation  of  such 


210  [December, 

ultimate  measures  as  the  interest  and  honour  of  the  United  States  might 
seem  to  require.  But  with  the  news  of  the  refusal  of  the  Chambers  to 
make  the  appropriation,  were  conveyed  the  regrets  of  the  King,  and  a 
declaration  that  a  national  vessel  should  be  forthwith  sent  out,  with  in- 
structions to  the  French  Minister  to  give  the  most  ample  explanations  of 
the  past,  and  the  strongest  assurances  for  the  future.  After  a  long  pas- 
sage, the  promised  despatch  vessel  arrived.  The  pledges  giver  by  the 
French  Minister,  upon  the  receipt  of  his  instructions,  were,  that  as  soon 
after  the  election  of  the  new  members  as  the  character  would  permit,  the 
legislative  Chaaibers  of  France  should  be  called  together,  and  the  propo- 
sition for  an  appropriation  laid  belore  them;  that  all  the  constitutional 
powers  of  the  king  and  his  cabinet  should  be  exerted  to  accomplish  the 
object;  and  that  the  result  should  be  mar'e  known  early  enough  to  be 
communicated  to  Congress  at  the  conmiencement  of  the  present  sessions. 
Relying  upon  these  pledges,  and  not  doubting  that  the  acknowledged 
justice  of  our  claims,  the  proposed  exertion  of  the  king  and  his  cabinet, 
and,  above  all,  that  sacred  regard  for  the  national  faith  and  honor  for 
which  the  French  character  has  been  so  distinguished,  would  secure  an 
early  execution  of  the  treaty  in  all  its  pa'ts,  I  did  not  deem  it  necessary 
to  call  the  attention  of  Congress  to  the  subject  at  the  last  session. 

I  regret  to  say  that  th.e  pledges  made  through  the  minister  of  France 
have  not  been  redeemed.  Tlie  new  chambers  met  on  the  31st  July  last, 
and  although  the  subject  of  fulfilling  treaties  was  alluded  to  in  the  speech 
from  tlie  throne,  no  attempt  was  made  by  the  king  or  his  cabinet  to  pro- 
cure an  apptopriaiion  to  carry  it  into  execution.  The  reason?  given  for 
this  omission,  although  they  might  be  considered  sufficient  in  an  ordinary 
case,  are  not  consistent  with  the  expectations  founded  upon  the  assuran- 
ces given  heie,  for  there  is  no  constitutional  obstacle  to  entering  into 
legislative  business  at  the  first  meeting  of  the  chambers.  This  point, 
however,  might  have  been  overlooked,  had  not  the  chambers,  instead  of 
being  called  to  meet  at  so  early  a  day  that  the  result  of  their  delibera- 
tions nii""ht  be  communicated  to  me,  before  the  meeting  of  congress, 
been  prorogued  to  the  29th  of  the  present  montii — a  period  so  late  that 
their  decision  can  scarcely  be  made  known  to  the  present  congress  prior 
to  its  dissolution.  To  avoid  this  delay,  our  minister  in  Paris,  in  virtue 
of  the  assurance  given*  by  the  French  minister  in  the  United  States, 
stron""ly  urged  the  convocation  of  the  chambers  at  an  earlier  day,  but 
without  success. 

It  is  proper  to  remark,  however,  that  this  refusal  has  been  accom* 
panied  with  the  most  positive  assurances,  on  the  part  of  the  executive 
government  of  France,  of  their  intention  to  pi-ess  the  appropriation  at 
the  ensuing  session  of  the  chambers. 

The  executive  branch  of  tiiis  government  has,  as  matters  stand,  ex- 
hausted all  the  authority  upon  the  subject  with  wliich  it  is  invested,  and 
which  it  had  any  reason  to  believe  could  be  beneficially  employed. 

The  idea  of  acquiescing  in  the  refusal  to  execute  the  treaty  will  not, 
I  am  confident,  be  for  a  moment  entertained  by  any  branch  of  this  gov- 
ernment; and  further  negotiation  is  equally  out  of  the  question. 

If  it  shall  be  the  pleasure  of  congress  to  await  the  further  action  of  the 


1834]  2,1 

French  chambers,  no  further  consideralion  of  tlie  subject  will,  at  this 
session,  probably  be  required  at  your  hands.  But,  if,  from  the  ori'nnal 
delay  in  asking-  for  an  appropriation,  fi-om  the  refusal  of  the  chanibers 
to  grant  it  when  asked,  fiom  the  omission  to  brin^  the  subject  before  the 
chambers  at  their  last  session,  from  the  fact  that,  including  that  session 
there  have  been  five  ditferent  occasions  when  the  appropriation  mi-Hit 
have  been  made,  and  from  the  delay  in  convoking  the  chamijcrs  until 
some  weeks  after  the  meeting  of  congress,  when  it  was  well  known  that 
a  communication  of  the  whole  subject  to  congress  at  the  last  session 
was  prevented  by  assurances  that  it  should  be  disposed  of  before  its' 
present  meeting,  you  should  feel  yourselves  constrained  to  doubt  whether 
it  be  the  intention  of  the  French  governmcat  in  all  its  branches  to  carry  the 
treaty  into  eftect,  and  think  that  such  measures  as  the  occasion  may  be 
deemed  to  call  for,  should  be  now  adopted,  the  important  question  arises 
what  those  measures  shall  be. 

Our  institutions  are  essentially  pacific.  Peace  and  friendly  intercourse 
with  all  nations,  are  as  much  the  desire  of  our  g,',ivernment  as  they  are 
the  interest  of  our  people.  But  these  objects  ai^e  not  to  be  permanently 
secured,  by  surrendering  the  rights  of  our  citizens,  or  permitting  solemn 
treaties  for  their  indemnity  in  cases  of  flagrant  wrong,  to  be  abrogated 
or  set  aside. 

It  is  undoubtedly  in  the  power  of  congress  seriously  to  affect  the 
agricultural  and  manufacturing  interests  of  France,  by  the  passage  of 
laws  relating  to  her  trade  with  the  United  States.  Her  products,  manu- 
factures, and  tonnage,  may  be  subjected  to  heavy  duties  in  our  ports,  or 
all  commercial  intercourse  with  her  may  be  suspended.  But  there  are 
powerful,  and,  to  my  mind,  conclusive  objections  to  this  mode  of  pro- 
ceeding. We  cannot  embarrass  or  cut  otf  the  trade  of  France,  wiiiiout 
at  the  same  time,  in  some  degree,  embarrassing  or  cutting  off  our  own 
trade.  The  injury  of  such  a  w^arlare  must  fall,  though  unequally,  upon 
our  own  citizens,  and  could  not  but  impair  the  means  of  the  government 
and  weaken  that  united  sentiment  in  support  of  the  rights  and  honour  of 
the  nation  which  must  now  pervade  every  bosom.  Nor  is  it  impossible 
that  such  a  course  of  legislation  would  introduce  once  more  into  our  na- 
tional councils,  those  disturbing  questions  in  relations  to  the  tarilf  of 
duties  which  have  been  so  recently  put  to  rest.  Besides,  by  every 
measure  adopted  by  the  Government  of  the  United  States  wiih  the  view^ 
of  injuring  France,  the  clear  perception  of  right  which  will  induce  our 
own  pecfple,  and  the  rulers  and  people  of  all  other  nations,  even  of  France 
herself,  to  pronounce  our  quarrel  just,  will  be  obscured,  and  the  support 
rendered  to  us,  in  a  final  resort  to  more  decisive  measures,  will  be  more 
limited  and  equivocal.  There  is  but  one  point  in  the  controversy,  and 
upon  that  the  whole  civilized  world  must  pronounce  France  to  be  in 
wrong.  We  insist  that  she  shall  pay  us  a  sum  of  money,  which  she  has 
acknowledged  to  be  due;  and  of  the  justice  of  this  demand,  there  can  be 
but  one  opinion  among  mankind.  True  policy  would  seem  lo  dictate 
that  the  question  at  issue  should  be  kept  thus  disincumbered,  and  that  not 
the  slightest  pretence  should  be  given  to  France  to  persist  in  her  refusal 
to  make  payment,  by  any  act,  on  our  part,  affecting  the  interests  of  her 


212  '  [December, 

people.  The  question  should  be  left,  as  it  is  now,  in  such  an  attitude  that 
when  France  fultils  her  treaty  stipulations,  all  controversy  will  be  at  an 
end. 

It  is  my  conviction,  that  the  United  States  ought  to  insist  on  a  prompt 
execution  of  the  treaty,  and  in  case  it  be  refused,  or  longer  delayed,  take 
redress  into  their  own  hands.  After  the  delay  on  the  part  of  France  of  a 
quarter  of  a  century  in  acknowledging  these  claims  by  treaty,  it  is  not  to 
be  tolerated  that  another  quarter  of  a  century  is  to  be  wasted  in  negotiat- 
ign  about  the  payment  The  laws  of  nations  provide  a  remedy  for  such 
occasions.  It  is  a  well  settled  piinciple  of  the  inter-national  code,  tliat, 
where  one  nation  owes  anutlier  a  liquidated  debt,  which  it  reluses  or 
neglects  to  pay,  the  aggrieved  party  may  seize  on  the  property  belong- 
ing to  the  other,  its  citizens  or  subjects,  sufficient  to  pay  the  debt,  with- 
out giving  just  cause  of  war.  This  remedy  has  been  repeatedly  resorted 
to,  and  recently  by  France  herself  towards  Portugal,  under  circumstances 
less  unquestionable 

The  time  at  whicli^Tesort  should  be  had  to  this,  or  any  other  mode  of 
redress,  is  a  point  to  be  decided  by  Congress.  If  an  appropriation  shall 
not  be  made  by  the  French  Chambers  at  their  next  session,  it  may  justly 
be  concluded  that  the  government  of  France  has  finally  determined  to 
disregard  its  own  solemn  undertaking,  and  refuse  to  pay  an  acknoivledged 
debt.  In  that  event,  every  day's  delay  on  our  part  will  be  a  stain  upon 
our  national  honor,  as  well  as  a  denial  oi'  justice  to  our  injured  citizens. 
Prompt  measures,  when  the  refusal  of  France  shall  be  complete,  will 
not  only  be  most  honorably  aad  just,  but  will  have  the  best  etlect  upon 
our  national  character. 

Since  France,  in  violation  of  the  pledges  given  through  her  minister 
here,  has  delayed  her  final  action  so  long  that  her  decision  will  not 
probably  be  known,  in  time  :o  be  communicated  to  this  Congress,  I  re- 
commend that  a  law  l)e  passed,  authorizing  reprisals  upon  French  proper- 
ty, in  case  provision  shall  not  i»e  made  for  the  payment  of  the  debt,  at  the 
approaching  sessions  of  the  French  Chambers.  Such  a  measure  ougbt 
not  to  be  considered  by  France  as  a  menace.  Her  pride  and  power 
are  too  well  known  to  expect  any  thing  from  her  fears,  and  preclude  the 
necessity  of  a  declaration  tliat  nothing  partaking  of  the  character  of  in- 
timidation is  intended  by  us.  She  ought  to  look  upon  it  as  the  evidence 
only  of  an  inflexible  deternnnation  on  the  part  of  the  United  States,  to 
insist  on  their  rights.  That  government,  by  doing  only  what  it  has  itself 
acknowledged  to  be  just,  will  be  able  to  spare  the  United  States  the  ne- 
cessity of  taking  redress  intD  their  own  hands,  and  save  the  property  of 
French  citizens  from  that  seizure  and  sequestration  which  American 
citizens  so  long  endured  without  retaliation  or  redress.  If  she  should 
continue  to  refuse  that  act  of  acknowledged  justice,  and  in  violation  of 
the  law  of  nations,  make  reprisals  on  our  part  the  occasion  of  hostilities 
against  the  United  States,  she  would  but  add  violence  to  injustice,  and 
could  not  fail  to  expose  herself  to  the  just  censure  of  civilized  nations, 
and  to  the  retributive  judgments  of  Heaven. 

Collision  with  France  is  the  more  to  be  regretted,  on  account  of  the 
position  she  occupies  in  Europe,  in  relation  to  liberal  institutions.     But 


1834.]  213 

in  maintaining  our  national  lii^hts  and  honor,  all  governments  are  alike 
in  us.  If  by  a  collision  with  France,  in  a  case  where  she  is  clearly  in  the 
wrong,  the  march  of  liberal  principles  shall  be  impeded,  the  responsibility 
for  that  result,  as  well  as  every  other,  will  rest  on  her  own  head. 

Having  submitted  these  considerations,  it  belongs  to  Congress  to  de- 
cide, whether,  after  what  has  taken  place,  it  will  still  await  the  further 
action  of  the  French  Chambers,  or  now  adopt  such  provisional  measures 
as  it  may  deem  necessary,  and  best  adapted  to  protect  the  riglits  and 
maintain  the  honor  of  the  country.  Whatever  that  decision  may  be,  it 
will  be  faithfully  enforced  by  the  Executive,  as  far  as  he  is  authorized 
so  to  do. 

According  to  the  estimate  of  the  Treasury  Department,  the  rev- 
enue accruing,  from  all  sources,  during  the  present  year,  will 
amount  to  twenty  millions  six  hundred  and  twenty-four  thousand  seven 
hundred  and  seventeen  dollars,  which,  with  the  balance  remaining  in  the 
Treasury  on  the  first  of  January  last,  of  eleven  millions  seven  hundred 
and  two  thousand  nine  hundred  and  five  dollars,  produces  an  aggregate 
of  thirty-two  millions  three  hundred  and  twenty-seven  thousand  six  hun- 
dred and  twenty-three  dollars.  The  total  expenditure  during  the  year, 
for  all  objects,  including  the  public  debt,  is  estimated  at  twenty-five  mil- 
lions five  hi^ndred  and  ninety-one  thousand  three  hundred  and  ninety  dol- 
lars, which  will  leave  a  balance  in  the  Treasury  on  the  first  of  January, 
1835,  oi  six  millions  seven  hundred  and  thirty-six  thousand  two  huudred 
and  thirty-two  dollars.  In  this  balance,  however,  w^illbe  included  about 
one  million  one  hundred  and  fifty  thousand  dollars  of  what  was  hereto- 
fore reported  by  the  Department  as  not  effective. 

Of  former  appropriations  it  is  estimated  that  there  will  remain  unex- 
pended at  the  close  of  the  year,  eight  millions  two  thousand  nine  hundred 
and  twenty-five  dollars,  and  that  of  this  sum  there  will  not  be  required 
more  than  five  millions  one  hundred  and  forty-one  thousand  nine  hun- 
dred and  sixty-four  dollars,  to  accomplish  the  objects  of  all  the  current 
appropriations.  Thus  it  appears  that  after  satisfying  all  those  appro- 
priations, and  after  discharging  tjie  last  item  of  our  public  debt,  which 
will  be  done  on  the  first  of  January  next,  there  will  remain  unexpended 
in  the  treasury  an  effective  balance  of  about  four  hundred  and  forty  thou- 
sand dollars.  That  such  should  be  the  aspect  of  our  finances  is  highly 
flattering  to  the  industry  and  enterprize  of  our  population,  and  auspicious 
of  the  wealth  and  prosperity  which  await  the  future  cultivation  of  their 
growing  resources.  It  is  not  deemed  prudent,  however,  to  recommend 
any  change  for  the  present  in  our  impost  rates,  the  effect  of  the  gradual 
reduction  now  in  progress  in  many  of  them,  not  being  sulliciently  tested, 
to  guide  us  in  determining  the  precise  amount  of  revenue  which  ihey  will 
produce. 

Free  from  public  debt,  at  peace  with  all  the  world,  and  with  no  com- 
plicated interests  to  consult  in  our  intercourse  with  foreign  powers,  the 
present  may  be  hailed  as  that  epoch  in  our  history  the  most  favourable 
for  the  settlement  of  those  principles  in  our  domestic  policy,  which  shall 
be  best  calculated  to  give  stability  to  our  republic,  and  secure  the  bless- 
27 


214  [December, 

ings  of  freedom  to  our  citizens.     Amono;  ihcsf  principles,  from  our  past 
experience,  it.  cannot  be  doubled,  that  simplicity  in  the   character  of  the 
federal  government,  and  a  rigid  economy  in  its  administration,  should  be 
regarded  as  fundamental  and  sacred.     Ail  must   be  sensible  that   the  ex- 
istence of  the  public  debt,  by  rendering  taxation    necessary  for   its   ex- 
tinguishment, has  increased   tbe  dilHculties    which  are  inseparable  from 
every  exercise  of  the  taxing  power;   and  that  it   was,  in   this  respect,  a 
remote  agent  in  producing  those  disturbing  questions  which  grew  out  of 
the  discussions  relating  to  the  tariff.     If  such  has  been  the  tendency  of  a 
debt  incurred  in  the  acquisition   and  maintenance  of  our   national  rights 
and  liberties,  the  obligations  of  which  all  portions  of  the  union  cheerfully 
acknowledged,  it  must  be  obvious,  that  whatever  is  calculated  to  increase 
the  burdens  of  government  without  necessity,  must  be  fatal  to  all  our  hopes 
of  preserving  its  true  character.     While  we  are  felicitating   ourselves, 
therefore,  upon  the  extinguishment  of  the  national  debt,  and  the  prosper- 
ous state  of  our  finances,  let  us  not  be  tempted    to   depart   from  those 
sound  maxims  of  public  policy  which  enjoin  a  just  adaptation  of  the  rev- 
enue to  the  expenditures  that  are  consistent  with  a  rigid  economy,  and  an 
entire  abstinence  from  all  topics  of  legislation  that  are   not  clearly  within 
the  constitutional  powers  of  the  government,  and  suggested  by  the  wants 
of  the  country.     Properly  regarded,  under  such  a   policy,   every  dim- 
inution of  the  public  burdens,  arising  from  taxation,   gives  to   individual 
enterprise  increased  power,  and  furnishes  to  all  the  members  of  our  hap- 
py confederacy  new  motives  for   patriotic  affection   and  support.     But, 
above  all,  its  most  important  efi'ect  will  be  found  in  its  influence  upon  the 
character  of  the  government,  by  confining  its  action  to  those  objects  which 
will  be  sure  to  secure  to  it  the  attachment  and  support  of  our  fellow-citi- 
zens. 

Circumstances  make  it  my  duty  to  call  the  attention  of  Congress  to  the 
Bank  of  the  United    States.     Created   for  the  convenience  of  the   gov- 
ernment, that  institution  has  become  the  scourge  of  the  People.    Its  inter- 
ference to  postpone  the  payment  of  a  portion  of  the  national  debt,  that  it 
might  retain  the  public  money  appropriated  lor  that  purpose,  to  strengthen 
it  in  a  political  contest — the  extraordinary  extension  and  contraction  of 
its  accommodations  to  the  community — its  con  upland  partisan  loans — its 
exclusion  of  the  public  directors  fiom  a  knowledge  of  its  most  important 
proceedmgs — the  unlimited  authority  conferred  on   the  President   to  ex- 
pend its  funds  in  hiring  writeis,  and  procuring  the  execution  of  printing, 
and  tlie  use  made  of  that  authority— the   retention  of  the  pension  money 
and  books  aftei  the  selection  of  new  agents— the  groundless  claim  to  hea- 
vy damages,  in  consequence  of  the  protest  of  the  bill  drawn  on  the  French 
government,  have,  through  various  channels,  been  laid  before  Congress. 
Inmiediately  after  the  close  of  the  last  session,  the  Bank,  through  its  Pre- 
sident, announced  its  ability  and  readiness  to  abandon  the  system  of  un- 
paralleled curtailment,  and  the  interruption  of  domestic  exchanges,  which 
it  had  practised  upon  from  the  1st  of  August,  1833,   to  the  oOth  June, 
1  b:54,  and  to  extei»d  its  accommodations  to  the  community.     The  grounds 
assumed  in  this   annunciation  amounted  to,  an  acknowledgment  ihat  the 
curtailment,  in  the  extent  to  which  it  had  been  carried,  was  not  necessary 


1834]  215 

to  the  safety  of  the  Bank,  and  had  been  persisted  in  merely  to  induce 
Congress  to  grant  the  prayer  of  ihe  Bank  in  its  mr^morial  relative  to  the 
removal  of  the  deposites,  and  to  give  it  a  new  charter.  Tliey  were 
substantially  a  confession  thnt  all  the  real  distrijsses,  which  individuals 
and  the  country  had  endured  for  the  preceding  six  or  eight  months,  had 
been  needlessly  produced  by  it,  with  the  virw  of  affecting,  through  the 
sufferings  of  the  People,  the  legislative  action  of  Congress.  It  is  a  sub- 
ject of  congratulation  that  Congress  and  the  country  had  the  virtue  and 
firmness  to  bear  the  infliction;  that  the  energies  of  our  people  soon  found 
relief  from  this  wanton  tyranny,  in  vast  importations  of  the  precious  met- 
als from  almost  every  part  of  the  world;  and  that,  at  the  close  of  this 
tremendous  effort  to  control  our  government,  the  Bank  found  itself  pow- 
erless, and  no  longer  able  to  loan  out  its  surplus  means.  Tfie  commujii- 
ty  had  learned  to  manage  its  affairs  without  its  assistance,  and  trade  had 
already  found  new  auxiliaries;  so  th;it  on  the  first  of  October  last,  the  ex- 
traordinary spectacle  was  piesented  of  a  Na'ional  Bank,  more  than  one 
half  of  whose  capital  was  either  lying  unproductive  in  its  vaults,  or  in 
the  hands  of  foreign  Ijankers. 

To  the  needless  distresses  brought  on  ilie  country  during  the  last  ses- 
sion of  Congress,  has  since  been  added  the  open  seizure  of  tlie  dividends 
on  the  public  stock,  to  the  a  iiount  of  one  hundred  and  seventy  thousand 
and  forty-one  dollars,  under  pretence  of  paying  damages,  cost,  and  in- 
terest, upon  the  protested  French  bill.  This  sum  constituted  a  poilion 
of  the  estimated  revenues  for  the  year  18  34,  upon  which  the  appropria- 
tions made  by  congress  were  based.  It  would  as  soon  have  been  expect- 
ed that  our  collectors  would  seize  on  the  customs,  or  the  receivers  of 
our  land  otiices  on  the  moneys  arising  from  the  sale  of  public  lands,  un- 
der pretences  of  claims  against  the  United  States,  as  that  the  bank  would 
have  retained  the  dividends.  Indeed,  if  the  principle  be  established  that 
any  one  who  chooses  to  set  up  a  claim  against  the  United  States,  may, 
without  authority  of  law,  seize  on  the  public  property  or  money  where- 
ever  he  can  find  it,  to  pay  the  claim,  there  will  remain  no  a>surance  that 
our  revenue  will  reach  the  treasury,  or  that  it  wn\  be  applied  alter  the 
appropriation  to  the  purposes  designated  in  the  law.  The  paymasters  of 
our  army,  and  the  pursers  of  our  navy,  may,  under  like  pretenses,  apply 
to  their  own  use,  moneys  appropriated  to  set  in  motion  the  jjubllc  force, 
aud  in  time  of  war  leave  the  country  without  deleiice.  Tiiis  measure 
resorted  to  by  the  bank  is  disorganizing  and  revolutionary,  and  i(  gene- 
rally resorted  to  by  private  citizens  in  like  cases,  would  (ill  the  land  with 
anarchy  and  violence. 

It  is"^a  constitutional  provision,  that  "no  money  shall  be  drawn  from  the 
treasury  but  in  consequence  of  appropriations  made  by  law."  The 
palpable  object  of  this  provision  is  to'  prevent  the  expenditure  of  the 
public  money,  for  any  purpose  whatsoever,  which  shall  not  have  been 
first  approved  by  the  representatives  of  the  people  and  the  states  io 
Congress  assembled.  It  vests  the  power  of  declaring  for  what  purposes 
the  public  money  shall  be  expended,  in  the  legislative  department  of  the 
government,  to"  the  exclusion  of  the  executive  and  judicial;  and  it  i^  not 
within  the  constitutional  authority  of  either  of  those  departments,  to  pay 


216  [Deceriiber, 

it  away  without  law,  or  to  sanction  its  payment.  According  to  this 
plain  constitutional  provision,  the  claim  of  the  bank  can  never  be  paid 
without  an  appropriation  by  act  of  congress.  But  the  bank  has  never 
asked  for  an  appropriation.  It  attempts  to  di^feat  the  provision  of  the 
constitution,  and  obtain  payment  without  an  act  of  congress.  Instead  of 
waiting  an  appropriation  passed  by  both  liouses,  and  approved  by  the 
president,  it  makes  an  aj)propriation  for  itself,  and  invites  an  appeal  to 
the  Judiciary  to  sanction  it.  That  the  money  had  not  technically  been 
paid  into  the  Treasury,  does  not  affect  the  principle  intended  to  be  es- 
tablished by  the  constitution.  The  Executive  and  Judiciary  have  as  lit- 
tle right  to  appropriate  and  expend  the  public  money  without  authority 
of  law,  before  it  is  placed  to  the  credit  of  the  treasurer,  as  to  take  it 
from  the  Treasury.  In  the  annual  report  of  the  secretary  of  the  Treasury, 
and  in  his  correspondence  with  the  president  of  the  bank,  and  the  opin- 
ion of  the  attorney  general  accompanying  it,  you  will  find  a  further  ex- 
amination of  the  claims  of  the  bank,  and  the  course  it  has  pursued. 

It  seems  due  to  the  safety  of  the  public  funds  remaining  in  that  bank, 
and  to  the  honour  of  the  American  people,  that  measures  be  taken  to  sep- 
arate the  government  entirely  from  an  institution  so  mischievous  to  the 
public  prosperity,  and  so  regardless  of  the  constitution  and  laws.  By 
transferring  the  public  deposites,  by  appointing  other  pension  agents,  as 
far  as  it  had  the  power,  by  ordering  the  discontinuance  of  the  receipt  of 
bank  checks  in  payment  of  the  public  dues  after  the  first  day  of  January 
next,  the  executive  has  exerted  all  its  lawful  authority  to  sever  the  con- 
nexion between  the  government  and  this  faithless  corporation. 

The  high-handed  career  of  this  institution  imposes  upon  the  constitu- 
tional functionaries  of  this  government,  duties  of  the  gravest  and  most 
imperative  character — duties  vvhich  they  cannot  avoid,  and  from 
which  I  trust  there  will  be  no  inclination  on  the  part  of  any  of  them  to 
shrink. — My  own  sense  of  them  is  most  clear,  as  is  also  my  readiness 
to  discharge  those  which  may  rightfully  fall  on  me.  To  continue  any 
business  relations  with  the  Bank  of  the  United  States  that  may  be  avoided 
without  a  violation  of  the  national  faith,  after  that  institution  has  set  at 
open  defiance  the  conceded  right  of  the  government  to  examine  its  affairs; 
after  it  has  done  all  in  its  power  to  deride  the  public  authority  in  other 
respects,  and  to  bring  it  into  disrepute  at  home  and  abroad;  alter  it  has 
attempted  to  defeat  the  clearly  expressed  will  of  the  people  by  turning 
against  them  the  immense  power  intrusted  to  its  hands,  and  by  involving 
a  country  otherwise  peaceful,  flourishing  and  happy,  in  dissension,  embar- 
rassment, and  distress — would  make  the  nation  itself  a  party  to  the  de- 
gradation so  sedulously  prepared  for  its  public  agents — and  do  much  to 
destroy  the  confidence  of  mankind  in  popular  governments,  and  to  bring 
into  contempt  their  authority  and  ethciency.  In  guarding  against  an  evil 
of  such  magnitude,  considerations  of  temporary  convenience  should  be 
thrown  out  of  the  question,  and  we  should  be  influenced  by  such  motives 
only  as  look  to  the  honour  and  preservation  of  the  republican  system. — 
Deeply  and  solemnly  impressed  with  the  justice  of  these  views,  I  feel  it 
to  be  my  duty  to  recommend  to  you,  that  a  law  be  passed  authorizing  the 
sale  of  the  public  stock;  that  the  provision  of  the  charter  requiring  the 


1834.]  217 

receipt  of  notes  of  the  bank  in  payment  of  public  clues,  shall,  in  accor- 
dance with  the  power  reserved  to  congress  in  the  14th  section  of  the 
charter,  be  suspended  until  the  bank  pays  to  the  treasury  the  dividends 
withheld;  and  that  all  laws  connecting  the  government  or  its  officers  with 
the  bank,  directly  or  indirectly,  be  repealed;  and  that  the  institution  be 
left  hereafter  to  its  own  resources  and  means. 

Events  have  satisfied  my  mind,  and  1  think  the  minds  of  the  American 
people,  that  the  mischiefs  and  dangers  which  flow  from  a  national  bank 
far  overbalance  all  its  advantages.  The  bold  effort  the  present  bank  has 
made  to  control  the  government,  the  distresses  it  has  wantonly  produced, 
the  violence  of  which  it  has  been  the  occasion  in  one  of  our  cities  famed 
for  its  observance  of  law  and  order,  are  but  premonitions  of  the  fate  which 
awaits  the  American  people,  should  they  he  deluded  into  a  perpetuation 
of  this  institution,  or  the  establishment  of  another  like  it.  It  is  fervently 
hoped,  that,  thus  admonished,  those  who  have  heretofore  favored  the 
establishment  of  a  substitute  for  the  present  bank,  will  be  induced  to 
abandon  it,  as  it  is  evidently  better  to  incur  any  inconvenience  that  may 
be  reasonably  expected,  than  to  concentrate  the  whole  moneyed  power 
of  the  republic  in  any  form  whatsoever,  or  under  any  restrictions. 

Happily  it  is  already  illustrated  that  the  agency  of  such  an  institution 
is  not  necessary  to  the  fiscal  operations  of  the  government.  The  state 
banks  are  found  fully  adequate  to  the  performance  of  all  services  which 
were  required  of  the  Bank  of  the  United  States,  quite  as  promptly,  and 
with  the  same  cheapness.  They  have  maintained  themselves,  and  dis- 
charged all  these  duties,  while  the  Bank  of  the  United  States  was  still 
powerful,  and  in  the  field  as  an  open  enemy;  and  it  is  not  possible  to  con-' 
ceive  that  they  will  find  greater  difficulties  in  their  operations  when  that 
enemy  shall  cease  to  exist. 

The  attention  of  congress  is  earnestly  invited  to  the  regulation  of  the 
depositites  in  the  state  banks,  by  law.  Although  the  power  now  exer- 
cised by  the  executive  department  in  this  hehalf,  is  only  such  as  was  uni- 
formly exerted  through  every  administration  from  the  origin  of  the  go- 
vernment up  to  the  establishment  of  the  present  bank,  yet,  it  is  one  which 
is  susceptible  of  regulation  by  law,  and,  therefore,  ought  so  to  be  regu- 
lated. The  power  of  congress  to  direct  in  what  places  the  treasurer  shall 
keep  the  moneys  in  the  treasury,  and  to  impose  restrictions  upon  the  ex- 
ecutive authority,  in  relation  to  their  custody  and  removal,  is  unlimited, 
and  its  exercise  will  rather  be  courted  than  discouraged  by  those  public 
officers  and  agents  on  whom  rests  the  responsibility  for  their  safety.  It 
is  desirable  that  as  little  power  as  possible  should  be  left  to  the  president 
or  secretary  of  the  treasury  over  those  institutions — which,  being  thus 
freed  from  executive  influence,  and  without  a  common  head  to  direct 
their  operations,  would  have  neither  the  temptation  nor  the  ability  to  in- 
terfere in  the  political  conflicts  of  the  country.  JVot  deriving  their  char- 
ters from  the  national  authorities,  tliey  would  never  have  those  induce- 
ments to  meddle  in  general  elections,  which  have  led  the  bank  of  the 
United  Staies  to  agitate  and  convulse  the  country  for  upwards  of  two 
years. 

The  progress  of  our  gold  coinage  is  creditable  to  the  officers  of  the 


218  [December, 

mint,  and  promises  in  a  short  period  to  l'urni.-5h  llie  country  with  a  sound  and 
portable  currency,  ^vhich  will  much  diminish  ihr  inconvenience  to  travel- 
lers of  the  want  of  a  general  paper  cuirency,  should  the  state  banks  be 
incapable  of  furnishing  il. — Those  instiiulions  have  already  shown  them- 
selves competent  to  purchase  and  furnish  domestic  exchange  for  the  con- 
venience of  trade,  at  reasonable  rates,  aad  not  a  doubt  is  entertained  that, 
in  a  short  period,  all  the  wants  of  the  country  in  bank  accommodations 
and  exchange,  will  be  supplied  as  promptly  and  cheaply  as  they  have 
heretofore  been  by  the  Bank  of  the  United  States.  If  the  several  slates 
shall  be  induced  gradually  to  reform  their  banking  systems,  and  pro- 
hibit the  issue  of  all  small  notes,  we  shall,  in  a  few  years,  have  a  cur- 
rency as  sound,  and  as  little  liable  to  iiuctuaiions,  as  any  other  commei- 
cial  country. 

The  report  of  the  secretary  of  war,  together  with  the  accompanjing 
documents  from  the  several  bureaux  of  that  department,  will  exhibit  the 
situation  of  tlie  various  ol»jf*cts  comnjittcd  to  its  administration. 

No  event  has  occurred  \since  your  last  session  rendering  necessary 
any  movements  of  the  army,  'Aith  the  exception  of  the  expedition  of  the 
regiment  of  dragoons  into  the  territory  of  the  wandering  and  predatory 
tribes,  inhabiting  the  western  frontier,  and  living  adjacent  to  the  Mexican 
boundary.  These  tribes  have  been  heretofore  known  to  us  principal I3' 
by  their  attacks  upon  our  own  citizens,  and  upon  other  Indians  entitled  to 
the  protection  of  the  United  States.  It  became  necessary  for  the  peace 
of  the  frontieis,  to  cheek  these  habitual  inroads,  and  I  am  happy  to  infoi-m 
you  that  the  object  has  been  effected  without  the  commission  of  any  act 
of  hostility.  Col.  Dodge,  and  the  troops  under  his  command,  have  act- 
ed with  equal  firmness  and  humanity,  and  an  arrangement  has  been  made 
with  those  Indians,  which  it  is  hoped  will  assure  their  permanent  pacific 
relations  with  the  United  States,  and  the  other  tribes  of  Indians  upon  that 
border.  It  is  to  be  regretted  that  the  prevalence  of  sickness  in  that 
quarter  has  deprived  the  country  of  a  number  of  valuable  lives,  and  par- 
ticularly that  General  Leavenworth,  an  officer  well  known  and  es- 
teemed for  his  gallant  services  in  the  late  war,  and  for  his  subsequent  good 
conduct,  has  fallen  a  victim  to  his  zeal  and  exertions  in  the  discharge  of 
his  duty. 

The  army  is  in  a  high  state  of  discipline.  Its  moral  condition,  so  lar 
as  that  is  known  here,  is  good,  and  the  various  branches  of  the  public 
service,  are  carefully  attended  to.  It  is  amply  sufficient,  under  Us  present 
organization,  for  providing  the  necessary  garrisons  for  the  sea-board  and 
for  the  defence  of  the  inteinal  frontier,  ahd  also  for  preserving  the  ele- 
ment? of  military  knowledge,  and  for  keeping  pace  with  those  improve- 
ments which  modern  experience  is  continually  making.  And  these  ob- 
jects appear  to  me  to  embi-ace  all  the  legitimate  purposes  for  which  a 
permanent  military  force  should  be  maintained  in  our  country.  The 
lessons  of  history  teach  us  its  danger,  and  the  tendency  which  exists  to 
an  increase.  This  can  be  best  met  and  averted  by  a  just  caution  on  the 
part,  of  the  public  itself,  and  of  those  vvlio  represent  them  in  Congress. 

From  the  duties  which  devolve  on  tite  engineer  department,  and  upon 
the  topographical  cngijieers,  a  diltcrent  o'ganization  seems  to  be  deman- 


1S34.J  219 

dec!  by  the  public  interest,  and  I   recommend  the  subject  to  your  consid- 
eration. 

No  important  cbari^c  lias,  durinsj^  tliis  season,  taken  place  in  the  con- 
dition ot  the  Indians.  Arrangements  are  in  proi^i-ess  lor  the  removal  of 
tlie  Creeks,  and  will  soon  be  lor  the  removal  of  the  Seminoles.  1  ie«^ret 
that  the  Cherokees  east  of  the  jN'ississippi  havenot  yet  detei'mined,  as  a 
community,  to  remove.  Howloni^  the  personal  causes  which  liaveliere- 
tofore  retarded  that  ultimately  inevitable  measure,  will  continue  to  ope- 
aate,  I  am  unable  to  conjecture.  It  is  certain,  liowever,  that  delay  will 
bring  with  it  accumulated  evils;  which  will  render  their  condition  more 
and  more  unpleasant. — The  experience  of  every  year  adds  to  the  con- 
viction, that  emigration,  and  that  alone,  can  preserve  from  destruction  the 
remnant  of  the  tiibes  yet  living  amoiig  us.  The  facility  with  which  the 
necessaries  of  life  are  procured,  and  ilie  treaty  stipulai'.uns  providing  aid 
for  the  emigrant  Indians  in  their  agricultural  pursuits,  and  in  the  import- 
ant concern  of  education,  and  their  removal  from  those  causes  which 
have  heretofore  depressed  all  and  destroyed  many  ot  the  tribes,  cannot 
fail    to  stimulate  their  exertions  and  to  reward  their  industry. 

The  two  laws  passed  at  the  last  session  of  congiess  on  the  subject  of 
Indian  alfairs,  have  been  carried  into  etiect,  and  detailed  instructions  for 
their  administration  have  been  given.  It  will  be  seen  by  the  estimates 
for  the  present  session,  that  a  great  reduction  will  take  place  in  the  ex- 
penditures of  the  department  in  consequence  of  these  laws.  And  there 
is  reason  to  believe  that  their  operation  will  be  salutary,  and  thai  the  col- 
onization of  the  Indians  on  the  western  frontier,  together  with  a  judicious 
system  of  administration,  will  still  further  reduce  the  expenses  ot  this 
branch  of  the  public  service,  and  at  the  same  time  promote  its  useful- 
ness and  efficiency. 

Circumstances  have  been  recently  developed,  shewing  the  existence  of 
extensive  frauds  under  the  various  laws  granting  pensions  and  gratuities 
for  revolutionary  services.  It  is  impossible  to  estimate  the  amount  which 
may  have  been  thus  fraudulently  obtained  from  the  natioi.al  tieasury. 
I  am  satisfied,  however,  it  has  been  such  as  tojustify  a  re-examination  of 
the  system,  and  the  adoption  ot  the  necessary  checks  in  its  administration. 
All  will  agree,  that  the  services  and  sufferings  of  the  remnant  of  our 
revolutionary  band,  should  be  fully  compensated.  But  while  this  is  done, 
every  proper  precaution  should  be  taken  to  prevent  the  admission  of  tab- 
ricated  and  fraudulent  claims.  In  the  present  mode  of  proceeding,  the 
attestations  and  certificates  of  judicial  officers  of  the  various  states,  iorm 
a  considerable  portion  of  the  checks  which  are  interposed  against  the 
commission  of  frauds.  These,  however,  have  been,  and  may  be,  fabri- 
cated, and  in  such  a  way  as  to  elude  detection  at  the  examining  offices. 
And  independently  of  this  practical  difficulty,  it  is  ascertained  that  these 
documents  are  often  loosely  granted;  sometimes,  even  blank  certificates 
have  been  issued,  sometimes  prepared  papers  have  been  signed  without 
inquiry,  and,  in  one  instance  at  least  the  seal  of  the  court  has  been  within 
reach  of  a  person  most  interested  in  its  improper  application.  It  is  ob- 
vious that,  under  such  circumstances,  no  severity  of  administration  can 
check  the  abuse  ot  the  law;  and  information  has,  from  time  to  time, 


220  [December, 

been  communicated  to  the  pension  office,  questioning  or  denyinj^  the 
right  of  persons  placed  upon  the  pension  list,  to  tlie  bounty  oi"  the 
country.  Such  cautions  are  always  attended  to,  and  examined.  Bui  a 
far  more  general  investigation  is  called  for.  And  I  tlierefore  recommend, 
in  conformity  with  the  suggestion  of  the  secretary  of  war,  that  an  actual 
inspection  should  be  made,  m  each  state,  into  the  circumstances  and  claims 
of  every  person  now  drawing  a  pension.  The  iionest  veteran  has  nothing 
to  fear  from  such  a  scrutiny,  while  the  fraudulent  claimant  will  be  detect- 
ed, and  the  public  treasury  relieved  to  an  amount,  I  have  reason  to  be- 
lieve, far  greater  than  has  heretofore  been  suspected.  The  details  of 
such  a  plan,  could  be  so  regulated  as  to  interpose  the  necessary  checks 
without  any  burthensome  operation  upon  the  pensioners.  The  object 
should  be  two-fold: 

1.  To  look  into  the  original  justice  of  the  claims,  so  far  as  this  can  be 
done  under  a  proper  system  of  regulations,  by  an  examination  of  the 
claimants  themselves,  and  by  inquiring,  in  the  vicinity  of  their  residence,, 
into  their  history,  and  into  the  opinion  entertained  of  their  revolutionary 
services. 

2.  To  ascertain,  in  all  cases,  whether  the  original  claimant  is  living, 
and  this  by  actual  personal  inspection. 

This  measure  will,  if  adopted,  be  productive,  I  think  of  the  desired 
results;  and  I  therefore  recommend  it  to  your  consideration,  with  the  fur- 
ther suggestion,  that  all  payments  should  be  suspended  till  the  neccessary 
reports  are  received. 

It  will  be  seen  by  a  tabular  statement  annexed  to  the  documents  trans- 
mitted to  congress,  that  the  ap[)ropriations  for  objects  connected  with  the 
War  Department,  made  at  the   last  session,   for  the  service  of  the  year 

1834,  excluding  the  permanent  appropriation  lor  the  pa\ment  of  military 
gratuities  under  the  act  of  June  7,  lb32,  the  appropriation  of  two  hun- 
dred thousand  dollars  for  arming  and  equipping  the  militia,  and  the  ap- 
propriation of  ten  thousand  dollars  for  ihe  civilization  of  the  Indians, 
which  are  not  annu-dUy  renewed,  amounted  to  the  sum  of  nine  millions 
three  thousand  two  hundred  and  sixty-one  dollars,  and  that  the  estimates 
of  appropriations  necessary  for  the  same  branches  of  service  for  the  year 

1835,  amount  to  the  sum  of  five  millions  seven  hundred  and  seventy- 
eisht  thousand  nine  hundred  and  sixtv-four  dollars,  making  a  difference 
in  the  appropriations  of  the  current  year  over  the  estimates  oi  appro- 
priations for  the  next,  of  three  millions  two  hundred  and  twenty- 
four  tliousand  two  hundred  and  ninety- seven  dollars. 

The  principal  causes  which  have  operated  at  this  time  to  produce  this 
great  ditference,  are  shown  in  the  reports  and  documents,  and  in  the  de- 
tailed estimates.  Some  of  these  causes  are  accidental  and  temporary, 
while  others  are  permanent,  and,  aided  by  a  just  course  of  administration, 
may  continue  to  operate  beneficially  upon  the  public  expenditures. 

A  just  economy,  expending  where  the  puplic  service  requires,  and 
withholding,  where  it  does  not,  is  among  the  indispensable  duties  of  the 
government. 

1  refer  you  to  the  accompanying  report  of  the  Secretary  of  the  Navy, 
and  to  the  documents  with  it,  for  a  full  view  of  the  operations  of  that  im- 


1834.]  221 

portant  branch  of  our  service,  during  the  present  year.  It  will  be  seen 
that  the  wisdom  and  liberality  with  which  congress  have  provided  for 
the  gradual  increase  of  our  Navy  material,  have  been  seconded  by  a  cor- 
responding zeal  and  fidelity  on  the  part  of  those  to  whom  has  been  con- 
fided the  execution  of  the  laws  on  the  subject,  and  that  but  a  short  period 
would  be  now  required  to  put  in  commission  a  force  large  enough  for  any 
exigency  into  which  the  country  may  be  thrown. 

When  we  reflect  upon  our  position  in  relation  to  other  nations,  it  must 
be  apparent,  that  in  the  event  of  conflicts  with  them,  we  must  look  chief- 
ly to  our  navy  for  the  protection  of  our  national  rights.  The  wide  seas 
which  separate  us  from  other  governments,  must  of  necessity  be  the 
theatre  on  which  an  enemy  will  aim  to  assail  us,  and  unless  we  are  pre- 
pared to  meet  him  on  this  element,  we  cannot  be  said  to  possess  the  pow- 
er requisite  to  repel  or  prevent  aggressions.  We  cannot,  therefore, 
w^atch  with  too  much  attention  this  arm  of  our  defence,  or  cherish  with 
too  much  care  the  means  by  which  it  can  possess  the  necessary  efiiciency 
and  extension.  To  this  end  our  policy  has  been  heretofore  wisely  direct- 
ed to  the  constant  employment  of  a  force  sufficient  to  guard  our  com- 
merce, and  to  the  rapid  accumulation  of  the  materials  which  are  necessa- 
ry to  repair  our  vessels,  and  construct  with  ease  such  new  ones  as  may 
be  required  in  a  state  of  war. 

In  accordance  with  this  policy,  I  recommend  to  your  consideration  the 
erection  of  the  additional  dry  dock  described  by  the  Secretary  of  the 
Navy,  and  also  of  the  construction  of  the  steam  batteries  to  which  he  has 
referred,  for  the  purpose  of  testing  their  efficacy  as  awxiliaries  to  the  sys- 
tem of  defence  now  in  use. 

The  report  of  the  Postmaster  General,  herewith  submitted,  exhibits 
the  condition  and  prospects  of  that  department.  From  that  document  it 
appears  that  there  was  a  deficit  in  the  funds  of  the  department,  at  the 
commencement  of  the  present  year,  beyond  its  available  means,  of  three 
hundred  and  fifteen  thousand  five  hundred  ,  and  ninety-nine  dollars  and 
ninety-eight  cents,  which  on  the  first  of  July  last  had  been  reduced  to 
two  hundred  and  sixty-eight  thousand  and  ninety-two  dollars  and  seventy- 
four  cents.  It  appears,  also,  that  the  revenues  for  the  coming  year  will 
exceed  the  expenditures  about  two  hundred  and  seventy  thousand  dollars, 
which,  with  the  excess  of  revenue  which  will  result  from  the  operations 
of  the  current  half  year,  may  be  expected,  independently  of  any  increase 
in  the  gross  amount  of  postages,  to  supply  the  entire  deficit  before  the 
end  of  1 835.  But  as  this  calculation  is  based  on  the  gross  amount  of  post- 
ages which  had  accrued  within  the  period  embraced  by  the  times  of 
striking  the  balances,  it  is  obvious  that,  without  a  progressive  increase  in 
the  amount  of  postages,  the  existing  retrenchments  must  be  persevered 
in  through  the  year  1836,  that  the  Department  may  accumulate  a  sur- 
plus fund  sufficient  to  place  it  in  a  condition  of  perfect  ease. 

It  will  be  observed  that  the  revenues  of  the  Post  Office  Department, 

though  they  have  increased,  and  their  amount  is  above  that  of  any  former 

year,  have  yet  fallen  short  of  the  estimates  more  than  a  hundred  thousand 

dollars.     This  is  attributed  in  a  great  degree  to  the  increase  of  free  let- 

28 


222  [December, 

ters  growing  out  of  the  extension  and  abuse  of  the  franking  privilege. 
There  has  been  a  gradual  increase  in  the  number  of  executive  offices  to 
which  it  has  been  granted;  and  by  an  act  passed  in  March,  lo33,  it  was 
extended  to  members  of  Congress  throughout  the  whole  year.  It  is  be- 
lieved that  a  revision  of  the  laws  relative  to  the  iranking  privilege,  with 
some  enactments  to  entorce  more  rigidly  the  restrictions  under  which  it 
is  granted,  would  operate  beneficially  to  the  country,  by  enabling  the 
department  at  an  earlier  period  to  restore  the  mail  facilities  tt  at  have 
been  withdrawn,  and  to  extend  them  more  widely  as  the  growing  settle- 
ments of  the  country  may  require. 

To  a  measure  so  important  to  the  government,  and  so  just  to  our  con- 
stituents, who  ask  no  exclusive  privileges  for  themselves,  and  are  not 
willing  to  concede  them  to  others,  I  earnestly  recommend  the  serious  at- 
tention of  Congress. 

The  importance  of  the  Post  Office  department,  and  the  magnitude  to 
which  it  has  grown,  both  in  its  revenues  and  in  its  operations,  seem  to 
demand  its  re-organization  by  law.     The  whole  of  its  receipts  and  dis- 
bursements have  hitherto  been  left  entirely  to  executive  control,  and  in- 
dividual discretion.     The  principle  is  as  sound  in  relation  to  this  as  to 
any  other   department  of  the  government,  that  as  little  discretion  should 
be  confided  to  the  executive   officer  who  controls   it,   as   is  compatible 
with  its  efficiency.     It  is  therefore  earnestly  recommended  that  it  be  or- 
ganized, with  an   auditor   and   treasurer  of  its   own,  appointed   by   the 
President  and  Senate,  who  shall  be  branches  of  the  Treasury  department. 
Your  attention  is  again  respectfully  invited  to  the  defect  which  exists 
in  the  judicial  system  of  the  United  States.     Nothing  can  be  more  de- 
sirable than  the  uniform  operation  of  the  federal  judiciary  throughout  the 
several  States,  all  of  which,  standing  on  the  same  footing  as  members  of 
the  Union,  have  equal  rights  to  the  advantages  and  benefits  resulting  from 
its  laws.     This  object  is  not  attained  by  the  judicial  acts  now  in   force, 
because  they  leave  one-lourth  of  the  states  without  circuit  courts. 

It  is  undoubtedly  the  duty  of  Congress  to  place  all  the  states  on  the 
same  footing  in  this  respect,  either  by  the  creation  of  an  additional  num- 
ber of  associate  judges,  or  by  an  enlargement  of  the  circuits  assigned  to 
those  already  appointed,  so  as  to  include  the  new  states.  Whatever 
may  be  the  difficulty  in  a  proper  organization  of  the  judicial  system,  so  as  to 
secure  its  efficiency  and  uniformity  in  all  parts  of  the  Union,  and,  at  the 
same  time,  to  avoid  such  an  increase  of  judges  as  would  encumber  the 
supreme  appellate  tribunal,  it  should  not  be  allowed  to  weigh  against  the 
great  injustice  which  the  present  operation  of  the  system  produces. 

I  trust  that  I  may  be  also  pardoned  for  renewing  the  recommendation 
I  have  so  often  submitted  to  your  attention,  in  regard  to  the  mode  of 
electing  the  President  and  Vice  President  of  the  United  States.  All  the 
reflection  1  have  been  able  to  bestow  upon  the  subject,  increases  my 
conviction  that  the  best  interests  of  the  country  will  be  promoted  by  the 
adoption  of  some  plan  which  will  secure,  in  all  contingencies,  that  im- 
portant right  of  sovereignty  to  the  direct  control  of  the  people.  Could 
this  be  attained,  and  the  terms  of  those  offices  be  limited  to  a  single 


1834]  223 

period  of  either  four  or  six  years,  I  think  our  liherties  would  possess  an 
additional  safeguard. 

At  your  last  session  I  called  the  attention  of  Congress  to  the  destruction 
of  the  public  building  occupied  by  the  Treasury  department.  As  the 
public  interest  requires  that  another  building  siiould  be  erected,  witli  as 
little  delay  as  possible,  it  is  hoped  that  t'he  means  will  be  seasonably  pro- 
vided, and  that  they  will  be  ample  enough  to  authorize  such  an  enlargement 
and  improvement  in  the  plan  of  the  building  as  will  more  effectually  ac- 
commodate the  public  officers,  and  secure  the  public  documents  deposited 
in  it  from  the  casualties  of  fire. 

I  have  not  been  able  to  satisfy  myself  tliat  the  bill  entitled  "An  act  to 
improve  the  navigation  of  the  Wabash  river,"  which  was  sent  to  me  at 
the  close  of  your  last  session,  ought  to  pass,  and  I  have  therefore  withheld 
from  it  my  approval,  and  now  return  it  to  the  Senate,  the  body  in  which 
it  originated. 

There  can  be  no  question  connected  witli  the  administration  of  public 
affairs,  more  important  or  more  difficult  lo  be  satisfactorily  dealt  with, 
than  that  which  relates  to  the  rightful  authority  and  proper  action  of  the 
federal  government  upon  the  subject  of  internal  improvements.  To  in- 
herent embarrassments  have  been  added  others  resulting  from  the  course 
of  our  legislation  concerning  it. 

I  have  heretofore  communicated  freely  with  Congress  upon  this  sub- 
ject, and  in  adverting  to  it  again,  I  cannot  refiain  from  expressing  my  in- 
creased conviction  of  its  extreme  importance,  as  well  in  regaid  to  its 
bearing  upon  the  maintenance  of  the  constitution  and  the  prudent  man- 
agement of  the  public  revenue,  as  on  account  of  its  disturbing  effect  upon 
the  harmony  of  the  Union. 

We  are  in  no  danger  from  violations  of  the  constitution  by  which  en- 
croachments are  made  upon  the  personal  rights  of  the  citizen.  The  sen- 
tence of  condemnation  long  since  pronounced  by  the  American  people 
upon  acts  of  that  character,  will,  I  doubt  not,  continue  to  prove  as  salu- 
tary in  its  effects  as  it  is  irreversible  in  its  nature.  But  against  the  dan- 
gers of  unconstitutional  acts,  which,  instead  of  menacing  the  vengeance 
of  offended  authority,  proUer  local  advantages,  and  bring  in  their  train 
the  patronage  of  the  government,  we  aie,  I  fear,  Jiot  so  safe.  To  sup- 
pose that  because  our  government  has  b-'cn  institutt'.d  for  the  benefit  of 
the  people,  it  must  therefore  have  the  powur  to  do  whatever  may  seem 
to  conduce  to  the  public  good,  is  an  error,  into  which  even  honestn^inds 
are  too  apt  to  fall. 

In  yielding  themselves  to  this  fallacy,  thty  overlook  thi;  great  consid- 
erations in  which  the  federal  constitution  was  founded.  They  forget 
that  in  consequence  of  the  conceded  diversities  in  the  interest  and  condi- 
tion of  the  different  states,  it  was  foreseen,  at  the  period  of  its  adoption, 
\liat  although  a  particular  measure  of  the  goveriune-'it  might  be  bcnefi- 
aal  and  proper  in  one  state,  it  might  be:  the  reverse  in  another — that  it 
was  for  this  reason  the  states  would  not  consen!  to  make  a  giant  to  the 
federal  government  of  the  general  and  usual  po'^ers  of  government,  but 
of  such  only  as  were  specifically  enumerated,  and  the  probable  effects  of 
wdiidi  they  could,  as  they  thought,  safely  anticipate:  and  they  forget  also 


224  [December, 

the  paramount  obligation  upon  all  to  abide  by  tlie  compact,  then  so  sol- 
emnly, and,  as  it  was  hoped,  so  firmly  established. 

In  addition  to  the  dangers  to  the  constitution  springing  from  the  sour- 
ces I  have  stated,  there  has  been  one  which  was  perhaps  greater  than 
all.  I  allude  to  the  materials  which  this  subject  has  atforded  for  sinister 
appeals  to  selfish  feelings  and  the  opinion  heretofore  so  extensively  enter- 
tained of  its  adaptation  to  the  purposes  of  personal  ambition.  With  such 
stimulants  it  is  not  surprising  that  the  acts  and  pretensions  of  the  federal 
government  in  this  behalf  sliould  sometimes  have  been  carried  to  an  alarm- 
ing extent.  The  questions  which  have  arisen  upon  this  subject  have  re- 
lated— 

1st.  To  the  power  of  making  internal  improvements  within  the  limits 
of  a  state,  with  the  right  of  territorial  jurisdiction,  sufficient  at  least  for 
their  preservation  and  use. 

2d.  To  the  right  of  appropriating  money  in  aid  of  such  works  when 
carried  on  by  a  state  or  by  a  company  in  virtue  of  state  authority,  sur- 
rendering the  claim  of  jurisdiction;  and 

3d.  To  the  propriety  of  appropriation  for  improvements  of  a  particu- 
lar class,  viz.  for  light-houses,  beacons,  buoys,  public  piers,  and  for  the 
removal  of  sand  bais,  sawyers,  and  other  temporary  and  partial  impedi- 
ments in  our  navigable  rivers  and  harbors. 

The  claims  of  power  for  the  general  government  upon  each  of  these 
points,  certainly  present  matter  of  the  deepest  interest.     The  first  is, 
however,  of  much  the  greatest  importance,  inasmuch  as,  in  addition  to  the 
dangers  of  unequal  and  improvident  expenditures  of  public  moneys,  com- 
mon to  all,  there  is  superadded  to  that  the  conflicting  jurisdictions  of  the 
respective  governments.     Federal  jurisdiction,  at  least  to  the  extent  I 
have  stated,  has  been  justly  regarded  by  its  advocates  as  necessarily   ap- 
pertenant  to  the  power  in  question,  if  that  exists  by  the  constitution. 
That  the  most  injurious  conflicts  would  unavoidably  arise  between  the 
respective  jurisdictions  of  the  state  and  federal  governments,  in  the  ab- 
sence of  a  constitutional  provision  marking  out  their  respective  bounda- 
ries, cannot  be  doubted.     The  local  advantages  to  be  obtained  would  in- 
duce the  states  to  overlook  in  the  beginning  the  dangers  and  difficulties  to 
which  they  might  ultimately  be  exposed.  The  powers  exercised  by  the  fed- 
eral government  would  soon  be  regarded  with  jealousy  by  the  state  autho- 
rities, and  originating  as  they  must  from  implication  or  assumption,  it 
would  be  impossible  to  affix  to  them  certain  and  safe  limits.     Opportu- 
nities and  temptations  to  the   assumption  of  power  incompatible  with 
state   sovereignty,   would  be  increased;  and  those  barriers  which  resist 
the  tendency  of  our  system  towards  consolidation  greatly  weakened.  The 
officers  and  agents  of  the  general  government  might  not  always  have  the 
discretion  to  abstain  from  intermeddling  with  state  concerns;  and  if  they 
did,  they  would  not  always  escape   the  suspicion  of  having  done  so. 
Collisions,  and  consequent  irritations,  would  spring  up — that  harmcny 
which  should  ever  exist,  between  the  general  government  and  each  mem- 
ber of  the  confederacy,  would  be  frequently  interrupted — a  spirit  of  ^con- 
tention would  be  engendered — and  the  dangers  of  division  greatly  mul- 
tiplied. 


1834]  225 

Yet  we  all  know,  that,  notwithstanding  these  grave  objections,  this 
dangerous  doctrine  was  at  one  time  apparently  proceeding  to  its  final  es- 
tablishment with  fearful  rapidity.  The  desire  to  embark  the  federal  go- 
vernment in  works  of  internal  improvement  prevailed  in  the  highest  de- 
gree during  the  first  session  of  the  first  Congress  that  I  had  the  honor  to 
meet  in  my  present  situation.  When  the  bill  authorising  a  subscription 
on  the  part  of  the  United  States  for  stock  in  the  Maysville  and  Lexino*- 
ton  Turnpike  Companies  passed  the  two  Houses,  there  had  been  report- 
ed, by  the  committees  of  internal  improvements,  bills  containing  appro- 
priations for  such  objects,  exclusive  of  those  for  the  Cumberland  Road 
and  for  harbors  and  light-houses,  to  tlie  amount  of  about  one  hundred 
and  six  millions  of  dollars.  In  this  amount  was  included  authority  to  the 
Secretary  of  the  Treasury  to  subscribe  for  the  stock  of  different  com- 
panies to  a  great  extent,  and  the  residue  was  principally  for  the  direct 
construction  of  roads  by  this  government. — In  addition  to  those  projects 
which  had  been  presented  to  the  two  Houses,  under  the  sanction  and  re- 
commendation of  their  respective  committees  on  internal  improvements 
there  were  then  still  pending  before  the  committees,  and  in  memorials  to 
Congress,  presented,  but  not  referred,  different  projects  for  works  of  a 
similar  character,  the  expense  of  which  cannot  be  estimated  witli  cer- 
tainty, but  must  have  exceeded  one  hundred  millions  of  dollars. 

Regarding  the  bill  authorizing  a  subscription  to  the  stock  of  the  Mays- 
ville and  Lexington  Turnpike  Company  as  the  entering  wedge  of  a  sys- 
tem, which,  however  weak  at  first,  might  soon  become  strong  enou«-h  to 
rive  the  bands  of  the  Union  asunder,  and  believing  that,  if  its  passa^-e 
was  acquiesced  in  by  the  executive  and  the  people,  there  would  no  log- 
ger be  any  limitation  upon  the  authority  of  the  general  government  in  re- 
spect to  the  appropriation  of  money  for  such  objects,  I  deemed  it  an  im- 
perative duty  to  withhold  from  it  the  executive  approval.  Althouo-h 
from  the  obviously  local  character  of  that  work,  I  might  well  have  con- 
tented myself  with  a  refusal  to  approve  the  bill  upon  that  ground,  yet 
sensible  of  the  vital  importance  of  the  subject,  and  anxious  that  my  views 
and  opinions,  in  regard  to  the  whole  matter,  should  be  fully  understood 
by  Congress,  and  by  my  constituents,  I  felt  it  my  duty  to  go  further.  I 
therefore  embraced  that  early  occasion  to  apprize  Congress  that,  in  my 
opinion,  the  constitution  did  not  confer  upon  it  the  power  to  authorize 
the  construction  of  ordinary  roads  and  canals  within  the  limits  of  a  state 
and  to  say,  respectfully,  that  no  bill  admitting  such  a  power  could  receive 
my  official  sanction.  I  did  so  in  the  confident  expectation  that  the  speedy 
settlement  of  the  public  mind  upon  the  whole  subject  would  be  greatly 
facilitated  by  the  difference  between  the  two  Houses  and  myself,  and 
that  the  harmonious  action  of  the  several  departments  of  the  federal 'o-qv- 
ernment,  in  regard  to  it,  would  be  ultimately  secured.  * 

So  far  at  least  as  it  regards  this  branch  of  the  subject,  my  best  hopes 
have  been  realized.  Nearly  four  years  have  elapsed,  and  several  ses- 
sions of  Congress  have  intervened,  and  no  attempt  within  my  recollec- 
tion has  been  made  to  induce  Congress  to  exercise  this  power.  The  ap- 
plications for  the  construction  of  roads  and  canals,  which  wer-  formerly 
multiplied  upon  your  files,  are  no  longer  presented,  and  we  huve  good 


226  [December, 

reason  to  infer  that  the  current  of  puUlc  sentiment  has  become  so  deci- 
ded against  the  pretension  as  eflectually  to  discourage  its  reassertion. 
So  thinking,  1  derive  the  greatest  satisfaction  iVom  the  conviction  that 
thus  much  at  least  has  been  secured  upon  this  important  and  embarrass- 
ins:  subject. 

From  attempts  to  appropriate  the  national  funds  to  objects  wliich  are 
confessedly  of  a  local  character,  we  cannot,  I  trust,  have  any  thing  further 
to  apprehend.  My  views  in  regard  to  the  expediency  of  making  appro- 
priations for  works  which  are  claimed  to  be  of  a  national  character, 
and  prosecuted  under  state  authority,  assuming  tliat  Congress  have  the 
ri"-ht  to  do  so,  were  stated  in  my  annual  message  to  Congress  in  1830,  and 
also  in  that  containing  my  objections  to  the  Maysville  Road  bill. 

So  thor'^ughly  convinced  am  I  that  no  such  appropriations  ought  to  be 
made  by  Congress,  until  a  suitable  constitutional  provision  is  made  upon 
the  subject,  and  so  essential  do  I  regard  the  point  to  the  highest  interests 
of  our  country,  that  I  could  not  consider  myself  as  discliai'ging  my  duty 
to  my  constituents  in  giving  tlie  executive  sanction  to  any  bill  containing 
such  an  appropriation.  Iftlje  people  of  the  United  States  desire  that 
the  public  Treasury  shall  be  resorted  to  lor  the  means  to  prosecute  such 
works,  they  will  concur  in  an  amendment  of  the  constitution,  prescribing 
a  rule  bv  which  tlie  national  character  of  the  works  is  to  be  tested,  and 
by  whicii  the  greatest  practicable  equality  of  benefits  may  be  secured  to 
each  member  of  the  confederacy. — The  effects  of  such  a  regulation 
would  be  most  salutary  in  preventing  unprofitable  expenditures,  in  secu- 
ring our  leoislation  from  the  pernicious  consequences  of  a  scramble  for 
the  favors  of  government,  and  in  repressing  the  spirit  of  discontent  whicii 
must  inevitably  arise  from  an  unequal  distribution  of  treasures  which  be- 
long alike  to  all. 

There  is  another  class  of  appropriations  for  what  maybe  called,  with- 
out im[)ropriety,  internal  improvements,  which  have  always  been  re- 
garded as  standing  upon  different  grounds  from  thoso  to  which  I  have  re- 
lerred.  i  allude  to  such  as  have  for  their  object  the  improvement  of 
our  harbors,  the  removal  of  partial  and  temporary  obstructions  in  our 
navio-able  rivers,  for  the  facility  and  security  of  our  foreign  commerce. — 
The°grounds  upon  which  1  distinguish  appropriations  of  this  character 
from  others,  have  already  been  stated  to  Congress.  I  will  now  only  add 
that  at  the  first  session  of  congress  under  the  new  constitution,  it  was 
provided  by  law,  that  all  expenses  which  should  accrue  from  and  after 
the  loth  day  of  August,  I7b9,  in  the  necessary  support  and  maintenance 
and  repairs  of  all  light-houses,  beacons,  buoys,  and  public  piers,  erected, 
placed  or  sunk  before  the  passage  of  the  act,  within  any  bay,  inlet,  harbor, 
or  port  of  the  United  States,  tor  rendering  the  navigation  thereof  easy 
and  safe,  should  be  defrayed  out  of  the  Treasury  ot  the  United  States; 
and  further,  that  it  should  be  the  duty  of  the  Secretary  of  the  Treasury 
to  provide  by  contracts,  witii  the  approbation  of  the  President,  lor  re- 
building when  necessary,  and  keeping  in  good  repair  the  light-houses, 
beacons,  buoys,  and  public  piers  in  the  several  states,  and  for  fuinishing 
them  willi   sup{)lies.     Appropriations  for  simdar  objects  have  been  con- 


183  4.  J  227 

tinued  from  that  time  to  the  present  without  interruption  or  dispute.  As 
a  natural  consequence  of  tlie  increase  and  extension  of  our  foreign  com- 
merce, ports  of  entry  and  delivery  have  been  multiplied  and  established, 
not  only  upon  our  seaboard,  but  in  the  interior  of  the  country,  upon  our 
lakes  and  navio-able  rivers.  The  convenience  and  safetv  of  this  com- 
merce  have  led  to  the  gradual  extension  of  these  expenditures;  to  the 
erection  of  light-houses,  the  placing,  planting,  and  sinking  of  buoys, 
beacons,  and  piers,  and  to  the  removal  of  partial  and  temporary  obstruc- 
tions in  our  navigable  rivers,  and  in  the  harbors  upon  our  great  lakes, 
as  well  as  on  the  seaboard. 

Although  I  have  expressed  to  Congress  my  apprehension  that  these 
expenditures  have  sometimes  been  extravagant  and  disproportionate  to 
the  advantages  to  be  derived  from  them,  I  have  not  felt  it  to  be  my  duty 
to  refuse  my  assent  to  bills  containing  them,  and  have  contented  myself 
to  follow  in  this  respect  in  the  footsteps  of  all  my  predecessors.  Sensible, 
however,  from  experience  and  observation,  of  the  great  abuses  to  which 
the  unrestricted  exercise  of  this  authority  by  Congress,  was  exposed,  I 
have  prescribed  a  limitation  for  the  government  of  my  own  conduct,  by 
which  expenditures  of  this  character  are  confined  to  places  below  the 
ports  of  entry  or  delivery  established  by  law.  I  am  very  sensible  that 
this  restriction  is  not  as  satisfactory  as  could  be  desired,  and  that  much 
embarassment  maybe  caused  to  the  executive  department  in  its  execution, 
by  appropriations  for  remote  and  not  well  understood  objects.  But  as 
neither  my  own  reflections,  nor  the  lights  which  I  may  properly  derive 
from  other  sources,  have  supplied  me  with  a  better,  1  shall  continue  to 
apply  my  best  exertions  to  a  iaithful  application  of  the  rule  upon  which  it 
is  founded.  I  sincerely  regret  that  I  could  not  give  my  assent  to  the  bill 
entitled  "An  act  to  improve  the  navigation  of  the  Wabash  river."  but  I 
could  not  have  done  so  without  receding  from  the  ground  which  I  have, 
upon  the  fullest  consideration,  taken  upon  this  subject,  and  of  which 
Congress  has  been  heretofore  apprized,  and  without  throwing  the  subject 
again  open  to  abuses  which  no  good  citizen,  entertaining  my  opinions, 
could  desire. 

I  rely  upon  the  intelligence  and  candor  of  my  fellow-citizens,  in  whosti 
liberal  indulgence  I  have  already  so  largely  participated,  for  a  correct  ap- 
preciation of  my  motives  in  interposing,  as  I  have  done,  on  this,  and 
other  occasions,  checks  to  a  course  of  legislation  which,  without,  in  the 
slightest  degree,  calling  in  question  the  motives  of  others,  I  consider  as 
sanctioning  improper  and  unconstitutional  expenditures  of  public  treasure. 

I  am  not  hostile  to  internal  improvements,  and  wish  to  see  them  exten- 
ded to  every  part  of  the  country. — But  I  am  fully  persuaded,  if  they  are 
not  commenced  in  a  proper  manner,  confined  to  proper  objects,  and  con- 
ducted under  an  authority  generally  conceded  to  be  rightful,  that  a  suc- 
cessful prosecution  of  them  cannot  be  reasonably  expected.  The  attempt 
will  meet  with  resistance  where  it  might  otherwise  receive  support,  and 
instead  of  strengthening  the  bonds  of  our  confederacy,  it  will  only  mul- 
tiply and  aggravate  the  causes  of  disunion. 

ANDREW  JACKSON. 
December  1,  1834. 


MESSAGE 


FROM , THE 


President  oi  the  Uiiited  stales, 


Returning  the  Bank  hill  to  the  Senate  with  his  Objections, 


MESSAGE 


FROM    THE 


PRESIDENT  OF   THE   UNITED   STATES, 

Returning  the  bank  bill  to  the  Senate  with  his  Objections. 


To  the  Senate: 

The  bill  'to  modify  and  continue"  the  act,  entitled  "an  act  to  incor- 
porate the  subscribers  to  the  Bank  of  the  United  States,"  was  present- 
ed to  me  on  the  4th  July,  instant.  Having  considered  it  with  that 
solemn  regard  to  the  principles  of  the  Constitution,  which  the  day  was 
calculated  to  inspire,  and  come  to  the  conclusion  that  it  ought  not  to  be- 
come a  law,  I  herewith  return  it  to  the  Senate,  in  which  it  originated, 
with  my  objections. 

A  Bank  of  the  United  States  is,  in  many  respects,  convenient  for  the 
Government,  and  useful  to  the  people.  Entertaining  this  opinion,  and 
deeply  impressed  with  the  belief  that  some  of  the  powers  and  privileges 
possessed  by  the  existing  bank,  are  unauthorized  by  the  Constitution, 
subversive  of  the  rights  of  the  States,  and  dangerous  to  the  liberties  of 
the  people,  I  felt  it  my  duty,  at  an  early  period  of  my  administration,  to 
call  the  attention  ofCongress  to  the  practicability  organizing  an  institution 
combining  all  its  advantages,  and  obviating  these  objections.  I  sincerely 
regret  that,  in  the  act  before  me,  I  can  perceive  none  of  those  modifica- 
tions of  the  bank  charter  which  are  necessary  in  my  opinion,  to  make  it 
compatible  with  justice,  with  sound  policy,  or  with  the  Constitution  of 
our  country. 

The  present  corporate  body,  denominated  the  President,  Directors, 
and  Company  of  the  Bank  of  the  United  States,  will  have  existed,  at 
the  time  this  act  Is  intended  to  take  effect,  twenty  years.  It  enjoys  an 
exclusive  privilege  of  banking  under  the  authority  of  the  General  Gov- 
ernment, a  monopoly  of  its  favor  and  support,  and,  as  a  necessary  con. 
sequence,  almost  a  monopoly  of  the  foreign  and  domestic  exchange.  The 
powers,  privileges,  and  favors  bestowed  upon  it  in  the  .original  charter, 
by  increasing  the  value  of  the  stock  far  above  its  par  value,  operated 
as  a  gratuity  of  many  millions  to  the  stockholders. 

An  apology  may  be  found  for  the  failure  to  guard  against  this  result, 
in  the  consideration  that  the  effect  of  the  original  act  of  incorporation 
could  not  be  certainly  foreseen  at  the  time  of  its  passage.  The  act  be- 
fore me  proposes  another  gratuity  to  the  holders"  of  the  same  stock,  and, 
in  many  cases  to  the  same  men,  of  at  least  seven  millions  more.    This 


232  [July, 

donation  finds  no  apology  in  any  uncertainty  as  to  the  effect  of  the  act. 
On  all  hands  it  is  conceded  that  its  passage  will  increase,  at  least  twenty 
or  thirty  per  cent,  more,  the  market  price  of  the  slock,  subject  to  the 
payment  of  tlie  annuity  of  $200,000  per  year,  secured  by  the  act;  tl.us 
adding,  in  a  moment,  one-fourth  to  its  par  value.  It  is  not  our  own 
citizens  only  who  are  to  receive  tlie  bounty  of  our  Government.  More 
than  eight  millions  of  the  stock  of  this  bank  are  held  by  foreigners.  By 
tliis  act  the  American  republic  proposes  virtually  to  make  them  a  pre- 
sent of  some  millions  of  dollars.  For  these  gratuities  to  foreigners,  and 
to  some  of  our  own  opulent  citizens,  the  ac^  secures  no  equivalent  wiiat- 
ever.  They  are  the  certain  gains  of  the  present  stockholders,  under  the 
operation  of  this  act,  after  making  full  allowance  for  the  paj-ment  of  the 
bonus. 

Every  monopoly,  and  all  exclusive  privileges,  are  granted  at  the  ex- 
pense of  the  public,  wiiich  ought  to  receive  a  fair  equivalent.  The 
many  millions  which  this  act  proposes  to  bestow  on  the  stockholders 
of  the  existing  bank,  must  come  directly  or  indirectly  out  of  the  earnings 
of  the  American  people.  It  is  due  to  them,  therefore,  if  their  Govern- 
ment sell  monopolies  and  exclusive  privileges,  that  they  should  at  least 
exact  for  them  as  much  as  they  are  worth  in  open  market.  The  value 
of  the  monopoly,  in  this  case,  may  be  correctly  ascertained.  The  twen- 
ty-eight millions  of  stock  would  probably  be  at  an  advance  of  fifty  per 
cent,  and  command,  in  market,  at  least  forty-two  millions  of  dollars,  sub- 
ject to  the  payment  of  the  present  bonus.  The  present  value  of  the 
monopoly,  therefore,  is  seventeen  millions  of  dollars,  and  this  the  act 
proposes  to  sell  for  three  millions,  payable  in  fifteen  annual  instalments 
ofpOO,OOOeach. 

it  is  not  conceivable  how  the  present  stockholders  can  have  any  claim 
to  the  special  favor  of  the  Government.  The  present  corporation  has 
enjoyed  its  monopoly  during  the  period  stipulated  in  the  original  contract. 
If  we  must  have  such  a  corporation,  why  should  not  the  Government  sell 
out  the  whole  stock,  and  thus  secure  to  the  people  the  full  market  value 
of  the  privileges  granted.'^  Why  should  not  Congress  create  and  sell  the 
twenty-eight  millions  of  stock,  incorporating;  the  purchasers  with  all  the 
powers  and  privileges  secured  in  this  act,  and  putting  the  premium  upon 
the  sales  into  the  treasury. 

But  this  act  does  not  permit  co  rpetition  in  the  purchase  of  this  mon- 
opoly. It  seems  to  be  predicated  on  the  erroneous  idea,  that  the  pre- 
sent stockholders  have  a  prescriptive  right,  not  only  to  the  favor,  but  to 
the  bounty  of  the  Government.  It  appears  that  more  than  a  fourth  part 
of  the  stock  is  held  by  foreigners,  and  the  residue  is  held  by  a  few  hun- 
dreds of  our  own  citizens,  chiefly  of  the  richest  class.  For  their  benefit 
does  this  act  exclude  the  whole  American  people  from  competition  in  the 
purchase  of  this  monopoly,  and  dispose  of  it  lor  many  millions  less  than 
it  is  worth.  This  seems  the  less  excusable,  because  some  of  our  citizens, 
not  now  stockholders,  petitioned  that  the  door  of  competition  might  be 
opened,  and  offered  to  take  a  charter  on  terms  much  more  favorable  to 
the  Government  and  country. 

But  this  proposition,  although  maJe  by  men   wdiose  aggregate  wealth 


1882.]  233 

is  believed  to  be  equal  to  all  the  private  stock  in  \h^  rxisling  bank,  lias 
been  pet  aside,  and  the  bounty  of  our  Government,  is  proposed  to  be 
again  bestowed  on  the  few  who  have  been  fortunate  enough  to  secure 
tlie  stock,  and  at  this  moment  wield  the  power  of  the  existing  institution. 
I  cannot  p«^rceive  the  justice  or  polic}'^  of  this  course.  If  our  Govern- 
ment must  sell  monopolies,  it  would  seem  to  be  its  duty  to  take  nothing  less 
than  their  full  value;  and  if  gratuities  must  be  made  once  in  fifteen  or  twenty 
years,  let  them  not  be  bestowed  on  the  subjects  of  a  foreign  Government, 
nor  upon  a  designated  and  favored  class  of  men  in  our  own  country.  It 
is  but  justice  and  good  policy,  as  far  as  the  nature  of  the  case  will  ad^ 
mit,  to  confine  our  favors  to  our  own  fellow  citizens,  and  let  each  in  his 
turn  enjoy  an  opportunity  to  profit  by  our  bounty.  In  the  bearings  of 
the  act  before  me  upon  these  points,  I  find  ample  reasons  why  it  should 
not  become  a  law. 

It  has  been  urged  as  an  argument  in  favor  of  rechartering  the  present 
bank,  that  the  calling  in  its  loans  will  produce  great  embarrassment  and  dis- 
tress. The  time  allowed  to  close  its  concerns  is  ample;  and  "if  it  has  been 
well  managed  its  pressure  will  be  light,  and  heavy  only  in  case  its  man- 
agement has  been  bad.  If,  therefore,  it  shall  produce  distress,  the  fault 
v\dll  be  its  own,  and  it  would  furnish  a  reason  against  renewing  a  power 
which  has  been  so  obviously  abused.'  But  will  there  ever  be  a  time 
when  this  reason  will  be  less  powerful.^  To  acknowledge  its  force  is 
to  admit  that  the  bank  ought  to  be  perpetual,  aud,  as  a  consequence  the 
present  stockholders  and  those  inheriting  their  rights  as  successors  be 
established,  a  privileged  order,  clothed  both  with  great  political  power 
and  enjoying  immense  pecuniary  advantages,  from  their  connection  with 
the  Government. 

The  modifications  of  the  existing  charter,  proposed  by  this  act,  are 
not  such,  in  my  view,  as  make  it  consistent  with  the  rights  of  the  States 
or  the  liberties  of  the  people.  The  qualification  of  the  right  of  the  bank 
to  hold  real  estate,  the  limitation  of  its  powder  to  establish  branches,  and 
the  power  reserved  to  Congress  to  iorbid  the  circulation  of  small  notes, 
are  restrictions,  comparatively,  of  little  value  or  importance.  All  the' 
objectionable  principles  of  the  existing  corporation,  and  most  of  .its  odi- 
ous features,  are  retained  without  alleviation. 

The  fourth  section  provides  "that  the  notes  or  bills  of  the  said  cor- 
poration, although  the  same  be  on  the  faces  thereof,  respectively  made 
payable  at  one  place  only,  shall  nevertheless  be  received  by  the  said 
corporation  at  the  bank,  or  at  any  of  the  offices  of  discount  and  deposite 
thereof,  if  tendered  in  liquidation  or  payment  of  any  balance  or  balances 
due  to  said  corporation,  or  to  such  office  of  discount  and  deposite  from 
any  other  incorporated  bank." 

This  provision  secures  to  the  State  banks  a  legal  privilege  in  the  Bank 
of  the  United  St-^tes,  which  is  withheld  from  all  private  citizens  If  a 
State  bank  in  Philadelphia  owe  the  Bank  of  the  United  States,  and  have 
notes  issued  by  the  St.  Louis  branch,  it  can  pay  the  debt  with  those  notes; 
but  if  a  merchant,  mechanic,  or  other  private  citizen  be  in  like  circum- 
stances, he  cannot,  by  law,  pay  his  debts  with  those  notes,  but  must  sell 
them  at  a  discount,  or  send  them  to  St.  Louis  to  be  cashed.      This  boon 


234  [July, 

conceded  to  the  Slate  banks,  though  not  unjust  in  itself,  is  most  odious; 
because  it  does  not  measure  out  equal  justice  to  the  high  and  the  low, 
the  rich  and  the  poor.  To  the  extent  of  its  practical  effect,  it  is  a  bond 
of  union  among  the  banking  establishments  of  the  nation,  erecting  them 
into  an  interest  separate  from  that  of  the  people:  and  its  necessary  ten- 
dency IS  to  unite  the  Bank  of  the  United  States,  and  the  State  banks,  in 
any  measure  which  may  be  thought  conducive  to  their  common 
interest. 

The  ninth  section  of  the  act  recognizes  principles  of  worse  tendency 
than  any  provision  ot  the  present  charter. 

It  enacts  that  "the  cashier  of  the  bank  shall  annually  report  to  the 
Secretary  of  the  Treasury  the  names  of  all  stockholders  who  are  not 
resident  citizens  of  the  United  States;  and,  on  the  application  of  the 
Treasurer  of  any  State,  shall  make  out,  and  transmit  to  such  Treasurer, 
a  list  of  stockholders  residing  in,  or  citizens  of,  such  Slate,  with  the 
amount  owned  by  each." 

Although  this  provision,  taken  in  connexion  with  a  decision  of  the 
Supreme  Court,  surrenders,  by  its  silence,  the  right  of  the  States  to  tax 
the  banking  institutions  created  by  this  corporation,  under  the  name  of 
branches,  throughout  the  Union,  it  is  evidently  intended  to  be  construed 
as  a  concession  of  their  right  to  tax  that  portion  of  the  slock  which  may  be 
held  by  their  own  citizens  and  residents.  In  this  light,  if  the  act  be- 
come a  law,  it  will  be  understood  by  the  Slates,  who  will  probably 
proceed  to  levy  a  tax  equal  to  that  paid  upon  the  stock  of  banks  incor- 
porated by  themselves.  In  some  States  that  tax  is  now  one  per  cent, 
either  on  the  capital  or  on  the  shares;  and  that  may  be  assumed  as  the 
amount  which  all  citizens  or  resident  stockholders  would  be  taxed  under 
the  operation  of  this  act.  As  it  is  only  the  slock  held  in  the  Slates,  and 
not  that  employed  within  them,  which  would  be  subject  to  taxation, 
and  as  the  names  of  foreign  stockholders  are  not  to  be  reported  to  the 
Treasurers  of  the  Slales,'"it  is  obvious  that  the  stock  held  by  them  will 
be  exempt  from  this  burden.  Their  annual  profits  will,  therefore,  be  in- 
creased one  per  cent,  more  than  the  citizen  stockholders,  and  as  the  an- 
nual dividends  of  the  bank  may  be  safely  estimated  at  seven  per  cent, 
the  stock  will  be  worth  ten  or  fifteen  per  cent,  more  to  foreigners  than 
to  citizens  of  the  United  Stales.  To  appreciate  the  effects  which  this 
state  of  things  will  produce,  we  must  lake  a  brief  review  of  the  oper- 
ations, and  present  condition  of  the  Bank  of  the  United  Stales. 

By  documents  submitted  to  Congress,  at  the  present  session,  it  appears 
that  on  IstolJanuary,  1832,of  the  28  millions  of  private  stock  in  the  cor- 
poration, ^8,405,500  were  held  by  foreigners,  mostly  of  Great  Britain. 
The  amount  of  slock  held  in  the  nine  western  and  south  western  Stales  is 
^140,200,  and  in  the  four  southern  States  is  $5,623,100,  and  in  the 
eastern  and  middle  States  about  $13,522,000.  The  profits  of  the  bank  in 
1831,  as  shown  in  a  statement  to  Congress,  were  about  $3,455,598;  of 
this  there  accrued  in  the  nine  western  States  about  $1,640,048,  in  the 
four  southern  Slates  about  $352,507,  and  in  the  middle  and  eastern 
Stales,  about  $1,463,041.  As  lillle  stock  is  held  in  the  west,  it  is  obvi- 
ous that  the  debt  of  the  people  in  that  section  to  the  bank  is  principally  a 


1832.] 


235 


debt  to  the  eastern  and  foreign  stockholders;  that  the  interest  thev  nav 
upon  )t,  IS  earned  into  the  eastern  States  and  into  Europe;  and  that  it  is 
a  burden  upon  their  industry,  and   a  drain  of  their  currency,   which  no 
country  can  bear  without   inconvenience,  and    occasional   distress      To 
meet  this  burden,  and  equalize  the  exchange  operations  of  the  bank  the 
amount  of  specie  drawn  from  those  States,  through  its  branches,  wilhin 
the  last  two  years,  as  shown  by  its  official  reports,  was  about  ft6,000  000 
More  than  half  a  million  of  this  amount  does  not  stop  in  the  eastern 
States,  but  passes  on  to  Europe,  to  pay  the  dividends  to  the  foreiirn 
stockholders.    In  the  principle  of  taxation  recognized  by   this  act,  the 
western  States  find  no  adequate  compensation  for  this  perpetual  burden 
on  their  industry,  and  drain  upon  their  currency.     The  branch  bank  at 
Mobie  made  last  year,  $95,140;  yet,  under  the   provisions  of  this  act, 
tlie  State  ot  Alabama  can  raise  no  revenue  from  these  profitable  ooera- 
tions,  because  not  a  share  of  the  stock  is  held  by  any  of  her  citizens 
Mississippi  and  Missouri  are  in  the  same  condition  in  relation'  to  the 
branches  a  Natches  and  St.  Louis;  and  such,  in  a  greater  or  less  degree 
IS  the  condition  of  every  western  State.     The  tendency  of  the  plln  of 
taxation  which  this  act  proposes,  will  be  to  place  the  wholo  United 
States  in  the  same  relation  to  foreign  countries  which  the  western  States 

.f^b.  f.K?  rl'-"-  ]^l^«"',by  a  tax  on  resident  stockholders,  the 
stock  of  this  bank  is  made  worth  ten  or  fifteen  per  cent,  more  to  foreign- 
ers than  to  residents,  most  of  it  will  inevitably  leave  the  country 

Ihuswill  this  provision,  in  its  practical  effect,  deprive  the  eastern 
as  well  as  the  southern  and  western  States,  of  the  means  of  raisinga  re- 

Sfnn  "?/,  •ii''"f ''?!!  °[  *""''""''  '"'^  'he  great  profits  of  this  in- 
stitution     It  will  make  the  American  people  debtors  to  aliens  in  near- 

^ot  fiL^tr°""'/"''°  '^''  '''"'^'  ^""^  ^^""l  ^'=^°^«  *e  Allan  i^f^m 
?nLnIh       rT  "/'P?"'^  Z^'^  y^^""'  *°  P'^y  the  bank  dividends. 

»hi?™    .    fl  °  i  '  ''*^""SS  this  provision  is  fraught  with  dan-er.     Of 

thetwenty.five  directors  of  this  bank,  five  are  chosen  by  the  Govern- 
ment, and  twenty  by  the  'citizen  stockholders.    From  all  voice  inThese 
elections  the  foreign  stockholders  are  excluded  by  the  charter      C 
proportion,  therefore  as  the  stock  is  transferred  to  foreign  holders  the 
extent  of  sufi^rage  in  the  choice  of   directors  is  curtailed.      Already 
IS  almost  a  third  of  the  stock  in  foreign  hands,  and  not    repre  ented 
in  elec  ions.       It  is  constantly   passing  out  of  he  country,  '^ndtWs 
act  will  accelerate  its  departure.     The^enlire  control  of  thj'institu  ix.n 
Tn^  i     ""•{  '^'".'f°  'he  hands  of  a  few  citizen  stockhoders 
lAt  ease  with  which  the  object  would  be  accomplished,  .would 
hLl  TP""°"  to  designing  men   to  secure  that  control  in  1  leirown 
™iH  ^.  monopolising  the  remaining  stock.     There  is  danger  Z" 
a  president  and  directors  would  then  be  able  to  elect  themselves  from 
IZlrfk'"'^  T^r^  responsibility  or  control,  manage    he  ^ 
concerns  of  the  bank  during  the  existence  of  its  charter     It  isersvto 
conceive  that  great  evils  to  our  country  audits  institutions  milhtibw 
^  SeVe°o";ir "°"  °'  P°-^^  ^»  '^«  '^-^^  °^  ^  fe  "meTi^rLjr 

Is  there  no  danger  to  our  liberty  and  independence  in  a  bank  that,  in 


236  ,  [July, 

its  nature,  has  so  little  to  bind  it  to  our  country?  The  president  of  the 
bank  has  told  us,  that  most  of  the  State  banks  exist  by  its  forbearance. 
Should  its  influence  become  concentrated,  as  it  may  under  the  operation 
#^0f  such  an  act  as  this  in  the  hands  ot  a  self-elected  director^y,  whose  in- 
terests are  identified  with  those  of  the  foreign  stockholder,  w^ill  there  not 
be  cause  to  tremble  for  the  purity  of  our  elections  in  peace,  and  for  the 
inck^endence  of  our  country  in  war?  Their  power  would  be  great 
wtfeni^ver  they  might  choose  to  exert  it;  but  if  this  monopoly  were  re- 
gularly renewed  every  fifteen  or  twenty  years,  on  terms  proposed  by 
themselves,  they  might  seldom  in  peace  put  forth  their  strength  to  in- 
fluence elections  or  control  the  affairs  of  the  nation.  But  if  any  private 
citizen  or  public  functionary  should  interpose  to  curtail  its  powers,  or 
prevent  a  renewal  of  its  privileges,  it  cannot  be  doubted  that  he  would 
be  made  to  feel  its  influence. 

Should  the  stock  of  the  bank  principally  pass  into  the  hands  of  the 
subjects  of  a  foreign  country,  and  we  should  unfortunately  become  in- 
volved in  a  war  wnth  that  country,  what  would  be  our  condition?  Of 
the  course  which  would  be  pursued  b}^  a  bank  almost  wholly  owned  by 
the  subjects  of  a  foreign  power,  and  managed  by  those  whose  interests, 
if  not  affections,  would  run  in  the  same  direction,  there  can  be  no  doubt. 
All  its  operations  within  would  be  in  aid  of  the  hostile  fleets  and  armies 
without:  controlling  our  currency,  receiving  our  public  moneys,  and 
holding  thousands  of  our  citizens  in  dependence,  it  would  be  more  for- 
midable and  dangerous  than  the  naval  and  military  power  of  the  enemy. 

If  we  must  have  a  bank  with  private  stockholders,  every  considera- 
tion of  sound  policy,  and  every  impulse  of  American  feeling,  admonishes 
that  it  should  be  purely  Jlmerican.  Its  stockholders  should  be  composed 
exclusively  of  our  own  citizens,  who  at  least  ought  to  be  friendly  to  our 
government,  and  willing  to  support  it  in  times  of  difficulty  and  danger. 
So  abundant  is  domestic  capital,  that  competition  in  subscribing  for  the 
stock  of  local  banks  has  recently  led  almost  to  riots.  To  a  bank  exclu- 
sively of  American  stockholders,  possessing  the  powders  and  privileges 
granted  by  this  act,  subscriptions  for  two  hundred  millions  of  dollars 
could  be  readily  obtained.  Instead  of  sending  abroad  the  stock  of  the 
bank,  in  which"^the  government  must  deposite  its  funds,  and  on  which  it 
must  rely  to  sustain  its  credit  in  times  of  emergency,  it  would  rather  seem 
to  be  expedient  to  prohibit  its  sale  to  aliens,  under  penalty  of  absolute 
forfeiture. 

It  is  maintained  by  the  advocates  of  the  bank,  that  its  constitutionality, 
in  all  its  features,  ought  to  be  considered  as  settled  by  precedent,  and  by 
the  decision  of  the  Supreme  Court.  To  this  conclusion  I  cannot  assent. 
Mere  precedent  is  a  dangerous  source  of  authority,  and  should  not  be 
regarded  as  deciding  questions  of  constitutional  power,  except  where  the 
acquiescence  of  the  people  and  the  States  can  be  considered  as  well-set- 
tled. So  far  from  this  being  the  case  on  this  subject,  an  argunaent  against 
the  bank  might  be  based  on  precedent.  One  Congress,  in  1791,  deci- 
ded in  favor  of  a  bank;  another,  in  Ibl  I,  decided  against  it.  One  Con- 
gress, in  1815,  decided  against  a  bank;  another,  in  1816,  decided  in  its 
favor.    Prior  to  the  present  Congress,  therefore,  the  precedents  drawn 


1832.]  237 

from  that  source  were  equal.     If  we  resort  to  the  States,  the  expres- 
sions of  legislative,  judicial,  and  executive  opinions  against  the  bank 
have  been,  probably,    to  those  in  its  favor,  as  four  to  one. — There  is 
nothing  in  precedent,  therefore,  which,  if  its  authority  were  admitted 
ought  to  weigh  in  favor  of  the  act  before  me. 

If  the  opinion  of  the  Supreme  Court  covered  the  whole  ground  of  this 
act,  it  ought  not  to  control  the  co-ordinate  authorities  of  this  Government. 
The  Congress,  the  Executive,  and  the  Court,  must  each  for  itself  be 
guided  by  its  own  opinion  of  the  Constitution.  Each  public  officer  who 
takes- an  oath  to  support  the  Constitution,  swears  that  he  will  support  it 
as'he  understands  it,  and  not  as  it  is  understood  by  others.  It  is  as  much 
the  duty  of  the  House  of  Representatives,  of  the  Senate,  and  of  the  Pre- 
sident, to  decide  upon  the  constitutionality  of  any  bill  or  resolution  which 
may  be  presented  to  them  for  passage  or  approval,  as  it  is  of  the  Su- 
preme Judges,  when  it  may  be  brought  before  them  for  judicial  decision. 
The  opinion  of  the  judges  has  no  more  authority  over  Congress,  than  the 
opinion  of  Congress  has  over  the  judges;  and  on  that  point,  the  President 
is  independent  of  both.  The  authority  of  the  Supreme  Court  must  not, 
therefore,  be  permitted  to  control  the  Congress  or  the  Executive,  when 
acting  in  their  legislative  capacities,  but  to  have  only  such  influence  as  the 
force  of  their  reasoning  may  deserve. 

But,  in  the  case  relied  upon,  tiie  Supreme  Court  have  not  decided  that 
all  the  features  of  this  corporation  are  compatible  with  the  constitution. 
It  is  true,  that  the  court  have  said,  that  the  law  incorporating  the  bank, 
is  a  constitutional  exercise  of  power  by  Congress.     But  taking  into  view 
the  whole  opinion  of  the  court,  and  the  reasoning  by  which  they  have 
come  to   that  conclusion,  I  understand  them  to  have  decided,  that,  in- 
asmuch as  a  bank  is  an  appropriate  means  for  carrying   into  effect  the 
enumerated  powers  of  the  General  Government,  therefore,  the  law  in- 
corporating it  is  in  accordance   with  that  provision  of  the  constitution 
which  declares  that  Congress  shall  have  power  ''to  make  all  laws  which 
shall  be  necessary  and  proper  for  carrying  those  powers  into  execution." 
Having  satisfied  themselves,  that  the  word  "necessari/,"  in  the  constitu- 
tion, means  '■'•  needful^'"  '■'•i-equisile^'''^  '-^ essential^''''  '-'•conducive  to,''^  and  that 
"a  bank"  is   a  convenient,    a  useful,  and  essential    instrument  in  the  pro- 
secution of  the  Government's   "fiscal  operations,"  they  conclude,  that  to 
"use  one  must  be  within  the  discretion  of  Congress;"  and,  that,  "the  act 
to  incorporate  the  Bank  of  the  United  States,  is  a  law  made   in  pursu- 
ance of  the  Constitution."     "But,"  say  they,  '■'■where  the  law  is  not  pro- 
hibitedj  and  is  really  calculated  to  effect  any  of  the  objects  entrusted  to  the 
Government^  to  undertake  here  to  inquire  into  the  degree   of  its  necessity^ 
ivould  he  to  pass  the  line  ivhich  circumscribes  the  judicial  department,  and 
to  tread  on  legislative  groundy 

The  principle  here  affirmed,  is,  that  the  "degree  of  its  necessity," 
involving  all  the  details  of  a  banking  institution,  is  a  question  exclusively 
for  legislative  consideration.  A  bank  is  constitutional;  but  it  is  the  pro- 
vince of  the  legislature  to  determine  whether  this  or  that  particular  pow- 
er, privilege,  or  exemption,  is  "necessary  and  proper"  to  enable  the 
30 


238  [July, 

bank  to  discharge  its  duties  to  the  Government,  and  from  their  decision, 
there  is  no  appeal  to  the  courts  of  justice.  Under  the  decision  of  the 
Supreme  Court,  therefore,  it  is  the  exclusive  province  of  Congress  and 
the  President  to  decide,  whether  the  particular  features  of  this  act  are 
^^necessary  and  proper,'^'*  in  order  to  enable  the  bank  to  perform  conve- 
niently and  efficiently,  the  public  duties  assigned  to  it  as  a  fiscal  agent, 
and  therefore,  constitutional,  or  unnecessary  and  improper^  and,  there- 
fore, unconstitutional. 

Without  commenting  on  the  general  principle  affirmed  by  the  Su- 
preme Court,  let  us  examine  the  details  of  this  act,  in  accordance  with  the 
rule  of  legislative  action,  which  they  have  laid  down.  It  will  be  found, 
that  many  of  the  powers  and  privileges  conferred  on  it,  cannot  be  sup- 
posed necessary  for  the  purpose  for  which  it  is  proposed  to  be  created, 
and  are  not,  therefore,  means  necessary  to  attain  the  end  in  view,  and 
consequently,  not  justified  by  the  constitution. 

The  original  act  of  incorporation,  section  21,  enacts,  "that  no  other 
bank  shall  be  established  by  any  future  law  of  the  United  States,  during 
the  continuance  of  the  corporation  hereby  created,  for  which  the  faith  of 
the  United  States  is  hereby  pledged:  Provided,  Congress  may  renew 
existing  charters  for  banks  within  the  District  of  Columbia,  not  increa- 
sing the  capital  thereof;  and  may  also  establish  any  other  bank  or  banks 
in  said  District,  with  capitals  not  exceeding,  in  the  whole,  six  millions  of 
dollars,  if  they  shall  deem  it  expedient."  This  provision  is  continued  in 
force  by  the  act  before  me,  fifteen  years  from  the  3d  of  March,  1836. 

If  Congress  possessed  the  power  to  establish  one  bank,  they  had  power 
to  establish  more  than  one,  if,  in  their  opinion,  two  or  more  banks  had 
been  "necessary"  to  facilitate  the  execution  of  the  powers  delegated  to 
them  in  the  Constitution.  If  they  possessed  the  power  to  establish  a 
second  bank,  it  was  a  power  derived  from  the  Constitution,  to  be  exer- 
cised from  time  to  time,  and  at  any  time  when  the  interests  of  the  country, 
or  the  emergencies  of  the  Government  might  make  it  expedient.  It  was 
possessed  by  one  Congress  as  well  as  another,  and  by  all  Congresses 
alike,  and  alike  at  every  session.  But  the  Congress  of  1816  have  taken 
it  away  from  their  successors  for  twenty  years,  and  the  Congress  of  1832 
proposes  to  abolish  it  for  fifteen  years  more.  It  caimot  be  '■'■necessary^'^ 
or  '-'-proper'^''  for  Congress  to  barter  away,  or  divest  themselves,  of  any  of 
the  powers  vested  in  them  by  the  constitution,  to  be  exercised  for  the 
public  good.  It  is  not  ''hiecessary^^  to  the  efficiency  of  the  bank,  nor  is 
it  ^^proper'^''  in  relation  to  themselves  and  their  successors.  They  may 
properly  use  the  discretion  vested  in  them,  but  they  may  not  limit  the 
discretion  of  their  successors.  This  restriction  on  themselves,  and  grant 
of  a  monopoly  to  the  bank,  is  therefore  unconstitutional. 

In  another  point  of  view,  this  provision  is  a  palpable  attempt  to  amend 
the  constitution  by  an  act  of  legislation.  The  constitution  declares  that 
"the  congress  shall  have  power  to  exercise  exclusive  legislation  in  all 
cases  whatsoever,"  over  the  District  of  Columbia.  Its  constitutional  pow- 
er, therefore,  to  establish  banks  in  the  District  of  Columbia,  and  increase 
their  capital  at  will,  is  unlimited,  and  uncontrollable  by  any  other  power 
than  that  which  gave  authority  to  the  Constitution.     Yet  this  act  declares, 


1832.]  239 

that  Congress  shall  not  increase  the  capital  of  existing  banks,  nor  create 
other  banks  with  capitals  exceeding  in  the  whole  six  millions  of  dollars. 
The  Constitution  declares,  that  Congress  shall  have  power  to  exercise 
exclusive  legislation  over  this  District  "i?i  all  cases  lohatsoever^V  and  this 
act  declare?  they  shall  not.  Which  is  the  supreme  law  of  the  land? 
This  provision  cannot  be  '•'■necessanf'^  or  ^^proper"^"^  or  ^^ constitutional,'^'' 
unless  the  absurdity  be  admitted,  that  whenever  it  be  "necessary  and 
proper"  in  the  opinion  of  Congress,  they  have  a  right  to  barter  away  one 
portion  of  the  power,  vested  in  them  by  the  Constitution,  as  a  means  of 
executing  the  rest. 

On  two  subjects  only  does  the  constitution  recognise  in  Congress  the 
power  to  grant  exclusive  privileges  or  monopolies.  It  declares  that 
"Congress  shall  have  power  to  promote  the  progress  6f  science  and  use- 
ful arts,  by  securing,  for  limited  times,  to  authors  and  inventors,  the  ex- 
clusive right  to  their  respective  writings  and  discoveries."  Out  of  this 
express  delegation  of  power,  have  grown  our  laws  of  patents  and  copy 
rights.  As  the  Constitution  expressly^  delegates  to  Congress  the  power  to 
grant  exclusive  privileges  in  these  cases,  as  the  means  of  executing  the 
substantive  power  "to  promote  the  progress  of  science  and  useful  arts," 
it  is  consistent  with  the  fair  rules  of  construction  to  conclude,  that  such 
a  power  was  not  intended  to  be  granted  as  a  means  of  accomplishing  any 
other  end.  On  every  other  subject  which  comes  within  the  scope  of 
Congressional  power,  there  is  an  ever  living  discretion  in  the  use  of  pro- 
per means,  which  cannot  be  restricted  or  abolished  without  an  amend- 
ment of  the  Constitution.  Every  act  of  Congress,  therefore,  which  at- 
tempts, by  grants  of  monopolies,  or  sale  of  exclusive  privileges  for  a 
limited  time,  or  a  time  without  limit,  to  restrict,  or  extinguish  its  own 
discretion  in  the  choice  of  means  to  execute  its  delegated  powers,  is 
equivalent  to  a  legislative  amendment  of  the  constitution,  and  palpably 
unconstitutional. 

This  act  authorises  and  eno^iages  transfers  of  its  stock  to  foreigners, 
and  grants  them  an  exemption  from  all  State  and  national  taxation.  So 
far  from  being  '■^necessary  and  proper^''  that  the  bank  should  possess  this 
power,  to  make  it  a  safe  and  efficient  agent  of  the  Government  in  its  fis- 
cal operations,  it  is  calculated  to  convert  the  Bank  of  the  United  States 
into  a  foreign  bank,  to  impoverish  our  people  in  time  of  peace,  to  dissemi- 
nate a  foreign  influence  through  every  section  of  the  Republic,  and  in  war 
to  endanger  our  independence. 

The  several  States  reserved  the  power  at  the  formation  of  the  Consti- 
tution, to  regulate  and  control  titles  and  transfers  of  real  property;  and 
most,  if  not  all  of  them,  have  laws  disqualifying  aliens  from  acquiring  or 
holding  lands  within  their  limits.  But  this  act,  in  disregard  of  the  un- 
doubted, right  of  the  States  to  prescribe  such  disqualifications,  gives  to 
aliens,  stockholders  in  this  bank,  an  interest  and  title,  as  members  of  the 
corporation,  to  all  the  real  property  it  may  acquire  within  any  of  the 
States  of  this  Union.  This  privilege  granted  to  aliens  is  not  ^hiecessary^^ 
to  enable  the  bank  to  perform  its  public  duties,  nor  in  any  sense  '^proper, ''^ 
because  it  is  vitally  subversive  of  the  rights  of  the  States. 

The  Government  of  the  United  States  have  no  constitutional  power  to 


240  ^  [July, 

purchase  lands  within  the  States,  except  "for  the  erection  of  forts,  maga- 
zines, arsenals,  dock  yards,  and  other  needful  buildings,"  and  even  for 
these  objects  onl}^  "by  the  consent  of  the  legislature  ot'tlie  State  in  which 
the  same  shall  be."  By  making  themselves  stockholders  in  the  bank, 
and  granting  to  the  corporation  the  power  to  purchase  lands  for  other 
purposes,  they  assume  a  power  not  granted  in  the  constitution,  and  grant 
to  others  what  they  do  not  themselves  possess.  It  is  not  necessary  to  the 
receiving,  safe  keeping,  or  transmission  of  the  funds  of  the  Government, 
that  the  bank  should  possess  this  power;  and  it  is  not  'proper  that  Con- 
gress should  thus  enlarge  the  powers  delegated  to  them  in  the  Constitu- 
tion. 

The  old  Bank  of  the  United  States  possessed  a  capital  of  only  eleven 
millions  of  dollars,  which  was  found  fully  sufficient  to  enable  it,  with 
despatch  and  safety,  to  perform  all  the  functions  required  of  it  by  the  Go- 
vernment. The  capital  of  the  present  bank  is  thirty-  five  millions  of  dol- 
lars, at  least  twenty-four  more  than  experience  has  proved  to  be  necessary 
to  enable  a  bank  to  perform  its  public  functions.  The  public  debt  which 
existed  during  the  period  of  the  old  bank,  and  on  the  establishment  of  the 
new,  has  been  nearly  paid  off,  and  our  revenue  will  soon  be  reduced. 
This  increase  of  capital  is  therefore  not  lor  public,  but  for  private  pur- 
poses. 

The  Government  is  the  only  "proper"  judge  where  its  agents  should 
reside  and  keep  their  offices,  because  it  best  knows  where  their  presence 
will  be  "necessary."  It  cannot,  therefore,  be  '■'■necessary''^  or  '■'■proper'''' 
to  authorise  the  bank  to  locate  branches  where  it  pleases,  to  perform  the 
public  service,  without  consulting  the  Government,  and  contrary  to  its 
will.  The  principle  laid  down  by  the  Supreme  Court  concedes  that 
Congress  cannot  establish  a  bank  for  purposes  of  private  speculation  and 
gain,  but  only  as  a  means  of  executing  the  delegated  powers  of  the  Gen- 
eral Government.  By  the  same  principle,  a  branch  bank  cannot  consti- 
tutionally be  established  for  other  iLan  public  purposes.  The  power 
which  this  act  gives  to  establish  two  branctiea  in  any  State  without  the 
injunction  or  request  of  the  Government,  and  for  other  than  public  pur- 
poses, is  not  '■'■necessary'''^  to  the  due  execution  of  the  powers  delegated  to 
Congress. 

The  bonus  which  is  exacted  from  the  bank,  is  a  confession,  upon  the 
face  of  the  act,  that  the  powers  granted  by  it  are  greater  than  are  "weces- 
sarj/"  to  its  character  of  a  fiscal  agent.  The  Government  does  not  tax  its  offi- 
cers and  agents  for  the  privileges  of  serving  it.  The  bonus  of  a  million 
and  a  half,  required  by  the  original  charter,  and  that  of  three  millions 
proposed  by  this  act,  are  not  exacted  for  the  privilege  of  giving  "the  ne- 
cessary facilities  for  transferring  the  public  funds  from  place  to  place, 
within  the  United  States  or  the  Territories  thereof,  and  for  distributing  the 
same  in  payment  of  the  public  creditors,  without  charging  commission  or 
claiming  allowance  on  account  of  the  difference  of  exchange,"  as  requir- 
ed by  the  act  of  incorporation;  but  for  something  more  beneficial  to  the 
stockholders.  The  original  act  declares,  that  it  (the  bonus)  is  granted 
"in  consideration  of  the  exclusive  privileges  and  benefits  conferred  by 
this  act  upon  the  said  bank;"  and  the  act  before  me  declares  it  to  be  "in 


1832.]  241 

consideration  of  the  exclusive  benefits  and  privileges  continued  by  this 
act  to  the  said  corporation,  for  fifteen  years  as  aforesaid."  It  is  there- 
fore, for  "exclusive  privileges  and  benefits,"  conferred  for  their  own  use 
and  emolument,  and  not  for  the  advantage  of  the  Government,  that  a  bo- 
nus is  exacted.  These  surplus  powers,  for  which  the  bank  is  required  to 
pay,  cannot  surely  be  '''■yiecessarif  to  make  it  the  fiscal  agent  of  the  Treasury. 
If  they  were,4he  exaction  of  a  bonus  for  them  would  not  be  '■'■proper ^ 

It  is  maintained  by  some  that  the  bank  is  a  means  of  executing  the  con- 
stitutional power  "to  coin  money,  and  regulate  the  value  thereof"  Con- 
gress have  established  a  mint  to  coin  money,  and  passed  laws  to  regulate 
the  value  thereof.  The  money  so  coined,  with  its  value  so  regulated, 
and  such  foreign  coins  as  Congress  may  adopt,  are  the  only  currency 
known  to  the  Constitution.  But  if  they  have  other  power  to  regulate  the 
currency,  it  was  conferred  to  be  exercised  by  themselves  and  not  to  be 
transferred  to  a  corporation.  If  the  bank  be  established  for  that  pur- 
pose, with  a  charter  unalterable  without  its  consent.  Congress  have  part- 
ed with  their  power  for  a  term  of  years,  during  which  the  Constitution  is 
a  dead  letter.  It  is  neither  necessary  nor  proper  to  transfer  its  legislative 
power  to  such  a  bank,  and  therefore  unconstitutional. 

By  its  silence,  considered  in  connexion  with  the  decision  of  the  Su- 
preme Court,  in  the  case  of  McCuUoch  against  the  State  of  Maryland, 
this  act  takes  from  the  States  the  power  to  tax  a  portion  of  the  banking 
business  carried  on  within  their  limits,  in  subversion  of  one  of  the  strong- 
est barriers  which  secured  them  against  federal  encroachments.  Bank- 
ing, like  farming,  manufacturing,  or  any  other  occupation  or  profession, 
is  a  business,  the  right  to  follow  vdiich  is  not  originally  derived  from  the 
laws.  Every  citizen,  and  every  company  of  citizens,  in  all  of  our  States, 
possessed  the  right,  until  the  State  Legislatures  deemed  it  good  policy  to 
prohibit  private  banking  by  law.  If  the  prohibitory  State  laws  were  now 
repealed,  every  citizen  would  again  possess  the  ri^ht.  The  State  banks 
are  a  qualified  restoration  of  the  right  which  has  been  taken  away  by  the 
laws  against  banking,  guarded  by  such  provisions  and  limitations  as,  in 
the  opinion  of  the  State  Legislatures,  the  public  in'.erest  requires.  These 
corporations,  unless  there  be  an  exemption  in  theii' charter,  are,  like  pri- 
vate bankers  and  banking  companies,  subject  to  State  taxation.  The 
manner  in  which  these  taxes  shall  be  laid,  depends  wholly  on  legislative 
discretion.  It  may  be  upon  the  bank,  upon  the  slock,  upon  the  profits, 
or  in  any  other  mode  which  the  sovereign  power  shall  will. 

Upon  the  formation  of  the  constitution,  the  states  guarded  their  taxing 
power  with  peculiar  jealousy.  They  surrendered  it  only  as  it  regards 
imports  and  exports.  In  relation  to  every  other  object  within  their  juris- 
diction, whether  persons,  property,  business,  or  professions,  it  was  secur- 
ed in  as  ample  a  manner  as  it  was  before  possessed.  All  persons,  though 
United  States  officers,  are  liable  to  a  poll  tax  by  the  states  within  which 
they  reside.  The  lands  of  the  United  States  are  liable  to  the  usual  land 
tax,  except  in  the  new  States,  from  whom  agreements  that  they  will  not 
tax  unsold  lands,  are  exacted  when  they  are  admitted  into  the  union: 
horses,  wagons,  any  beasts,  or  vehicles,  tools,  or  property,  belonging  to 
private  citizens,  though  employed  in  the  service  of  the  United  States,  are 


242  ^  [July, 

subject  to  Stale  taxation.  Every  private  business,  wbetber  carried  on  by 
an  officer  of  tlie  General  Government  or  not,  whether  it  be  mixed  with 
public  concerns  or  not,  even  if  it  be  carried  on  by  the  Government  of  the 
United  States  itself,  separately  or  in  partnership,  falls  \vithin  the  scope 
of  the  taxing  power  of  the  state.  Nothing  comes  more  fully  within  it 
than  banks  and  the  business  of  banking,  by  whomsoev^er  instituted  and 
carried  on.  Over  this  whole  subject-matter,  it  is  just  as  absolute,  unlim- 
ited, and  uncontrollable,  as  if  the  constitution  had  never  been  adopted, 
because  in  the  formation  of  that  instrument,  it  was  reserved  without 
qualification. 

The  principle  is  conceded,  that  the  states  cannot  rightfully  tax  the 
operations  of  the  General  Government.  They  cannot  tax  the  money  of 
the  Government  deposited  in  the  State  banks,  nor  tlie  agency  of  those 
banks  in  remitting  it;  but  will  any  man  maintain  that  their  mere  selection 
to  perform  this  public  service  for  the  General  Government,  would  exempt 
the  State  banks  and  their  ordinary  business  from  State  taxation?  Had 
the  Ilnited  States,  instead  of  establishing  a  bank  at  Philadelphia,  employ- 
ed a  private  banker  to  keep  and  transmit  their  funds,  would  it  have  de- 
prived Pennsylvania  of  the  right  to  tax  his  bank  and  his  usual  banking 
operations?  It  will  not  be  pretended.  Upon  what  principle,  then,  are 
the  banking  establishments  of  the  Bank  of  the  United  States,  and  their 
usual  banking  operations,  to  be  exempted  from  taxation?  It  is  not  their 
public  agency,  or  the  deposites  of  the  government,  which  the  States 
claim  a  right  to  tax,  but  their  banks  and  their  banking  powers,  instituted 
and  exercised  within  State  jurisdiction  for  their  private  emolument;  those 
powers  and  privileges  for  which  they  pay  a  bonus,  and  which  the  states 
tax  in  their  own  banks.  The  exercise  of  these  powers  within  a  State, 
no  matter  by  whom  or  under  what  authority,  whether  by  private  citizens 
in  their  original  right,  by  corporate  bodies  created  by  the  states,  by  for- 
eigners or  the  agents  of  foreign  governments  located  within  their  limits, 
forms  a  legitimate  ob'ect  of  State  taxation.  From  this,  and  like  sources, 
from  the  persons,  property,  and  business,  that  are  found  residing,  located, 
or  carried  on,  under  tleir  jurisdiction,  must  the  States,  since  the  surrender 
of  their  rights  to  raise  a  revenue  from  imports  and  exports,  draw  all  the 
money  necessary  for  tie  support  of  their  Governments,  and  the  mainte- 
nance of  their  independence.  There  is  no  more  appropriate  subject  of 
taxation  than  banks,  banking,  and  bank  stocks,  and  none  to  which  the 
States  ought  more  pertinaciously  to  cling. 

It  cannot  be  necessa:^y  to  the  character  of  the  bank,  as  a  fiscal  agent  of 
the  Government,  that  its  private  business  should  be  exempted  from  that 
taxation  to  which  all  the  State  banks  are  liable;  nor  can  I  conceive  it 
"proper"  that  the  substantive  and  most  esrential  powers  reserved  by  the 
States,  shall  be  thus  attacked  and  annihilated  as  .a  means  of  executing 
the  powers  delegated  to  the  General  Government.  It  may  be  safely  as- 
sumed, that  none  of  those  sages  who  had  an  agency  in  forming  or  adopt- 
ing our  Constitution,  ever  imagined  that  any  portion  of  the  taxing 
power  of  the  States,  not  prohibited  to  them  nor  delegated  to  Congress, 
was  to  be  swept  away  and  annihilated  as  a  means  of  executing  certain 
powers  delegated  to  Congress. 


1832.]  243 

If  our  power  over  means  is  so  absolute,  that  the  Supreme  Court  will 
not  call  in  question  the  constitutionality  of  an  act  of  Congress,  the  sub- 
ject of  which  "is  not  prohibited,  and  is  really  calculated  to  effect  any  of 
the  objects  entrusted  to  the  Government,"  although,  as  in  the  case  before 
me,  it  takes  away  powers  expressly  granted  to  Congress,  and  rights  scru- 
pulously reserved  to  the  Slates,  it  becomes  us  to  proceed  incur  legisla- 
tion with  the  utmost  caution.     Though  not  directly,  our  own  powers, 
and  the  rights  of  the  states,  may  be  indirectly  legislated  away  in  the  use 
of  means  to  execute  substantive  powers.     We  may  not  enact  that  Con- 
gress shall  not  have  the  power  of  exclusive  legislation  over  the  District 
of  Columbia,  but  we  may  pledge  the  faith  of  the  United  States  that  as  a 
means  of  executing  other  powers,  it  shall  not  be  exercised  for  twenty 
years  or  for  ever.  We  may  not  pass  an  act  prohibiting  the  States  to  tax 
the  bankmg  business  carried  on  within  their  limits;  "but  we  may,  as  a 
means  of  executiiig  our  powers  over  other  objects,  place  that  business  in 
the  hands  of  our  agents,  and  then  declare  it  exempt  from  State  taxation 
m  their  hands.    Thus  may  our  own  powers  and  the  rights  of  the  States, 
which  we  cannot  directly  curtail  or  invade,  be  frittered  away  and  extin- 
guished in  the  use  of  means  employed  by  us  to  execute  other  powers. 
That  a  Bank  of  the  United  States,  competent  to  all  the  duties  which  may 
required  by  the  Government,  might  be  so  organized  as  not  to  infringe  on  be 
our  own  delegated  powers  or  the  reserved  rights  of  the  States,  I  do  not 
entertain  a  doubt.     Had  the  Executive  been  called  upon  to  furnish  the 
project  of  such  an  institution,  the  duty  would  have  been  cheerfully  per- 
formed.    In  the  absence  of  such  a  call,  it  is  obviously  proper  that  he 
should  confine  himself  to  pointing  out  those  prominent  features  in  the 
act  presented,  which,  in  his  opinion,  make  it  incompatible  with  the  con- 
stitution and  sound  policy.     A  general  discussion  will  now  take  place, 
eliciting  new  light,  and  settling  important  principles;  and  a  new  Congress, 
elected  in  the  midst  of  such  discussion,  and  furnishing  an  equal  represent- 
ation of  the  people  according  to  the  last  census,  will  bear  to  the  Capitol 
the  verdict  of  public  opinion,  and,  I  doubt  not,  bring  this  important  ques- 
tion to  a  satisfactory  result. 

Under  such  circumstances,  the  Bank  comes  forward  and  asks  for  a  re- 
newal of  its  charter  for  a  term  of  fifteen  years,  upon  conditions  which  not 
only  operates  as  a  gratuity  to  the  stockholders  of  many  millions  of  dollars, 
but  will  sanction  any  abuses  and  legalize  any  encroachments. 

^  Suspicions  are  entertained  and  charges  are  made  of  gross  abuses  and 
violation  of  its  charter.  An  investigation  unwillingly  conceded,  and  so 
restricted  in  time,  as  necessarily  to  make  it  incomplete  and  unsatisfactory, 
discloses  enough  to  excite  suspicion  and  alarm.  In  the  practices  of  the 
principal  bank,  partially  unveiled,  in  the  absence  of  important  witnesses, 
and  in  numerous  charges  confidently  made,  and  as  yet  wholly  uninvesti- 
gated, there  was  enough  to  induce  a  majority  of  the  Committee  of  Inves- 
tigation; a  committee  which  was  selected  from  the  most  able  and  honor- 
able members  of  the  House  of  Representatives,  to  recommend  a  suspen- 
sion of  further  action  upon  the  bill,  and  a  prosecution  of  the  inquiry.  As 
the  charter  had  yet  four  years  to  run,  and  as  a  renewal  now  was  not  ne- 
cessary to  the  successful  prosecution  of  its  business,  it  was  io  have  been 


244  [July, 

expected  that  the  bank  itself,  conscious  of  its  purity,  and  proud  of  its 
character,  would  have  withdrawn  its  application  for  the  present,  and  de- 
manded the  severest  scrutiny  into  all  its  transactions.  In  their  declining 
to  do  so,  there  seems  to  be  an  additional  reason  why  the  functionaries  of 
the  Government  should  proceed  with  less  haste,  and  more  caution,  in  the 
renewal  of  their  monopoly. 

The  bank  is  professedly  established  as  an  agent  of  the  executive 
branches  of  the  Government,  and  its  constitutionality  is  maintained  on  that 
ground.  Neither  upon  the  propriety  of  present  action,  nor  upon  the 
provisions  of  this  act,  was  the  Executive  consulted.  It  has  had  no  op- 
portunity to  say  that  it  neither  needs  nor  wants  an  agent  clothed  with 
such  powers,  and  favored  by  such  exemptions.  Tiiere  is  nothing  in  its 
legitimate  functions  which  make  it  necessary  or  proper.  AMiatever  in- 
terest or  influence,  whether  public  or  private,  has  given  birth  to  this  act, 
it  cannot  be  found  either  in  the  wishes  or  necessities  of  the  executive 
department,  by  which  present  action  is  deemed  premature,  and  the  pow- 
ers conferred  upon  its  agent  not  only  unnecessary,  but  dangerous  to  the 
Government  and  country. 

It  is  to  be  regretted  that  the  rich  and  powerful  too  often  bend  the  acts 
of  government  to  their  selfish  purposes.  Distinctions  in  society  will 
always  exist  under  every  just  government.  Equality  of  talents,  of  edu- 
cation, or  of  wealth,  cannot  be  produced  by  human  institutions.  In  the 
full  enjoyment  of  the  gifts  of  Heaven  and  the  frwits  of  superior  industr}^, 
economy  and  virtue,  every  man  is  equally  entitled  to  protection  by  law. 
But  when  the  laws  undertake  to  add  to  these  natural  and  just  advantages, 
artificial  distinctions,  to  grant  titles,  gratuities,  and  exclusive  privileges, 
to  make  the  rich  richer,  and  the  potent  more  powerful,  the  humble  mem- 
bers of  society,  the  farmers,  mechanics,  and  laborers,  who  have  neither 
the  time  nor  the  means  of  securing  like  favors  to  themselves,  have  a  right 
to  complain  of  the  injustice  of  their  government.  There  ai-e  no  neces- 
sary evils  in  government.  Its  evils  exist  only  in  its  abuses.  If  it  would 
confine  itself  to  equal  protection,  and,  as  Heaven  does  its  rains,  shower 
its  favors  alike  on  the  high  and  the  low,  the  rich  and  the  poor,  it  would 
be  an  unqualified  blessing.  In  the  act  before  me,  there  seems  to  be  a 
wide  and  unnecessary  departure  from  these  just  principles. 

Nor  is  our  Government  to  be  maintained,  or  our  union  preserved,  by 
invasions  of  the  rights  and  powers  of  the  several  States  In  thus  attempt- 
ing to  make  our  General  Government  strong,  we  make  it  weak.  Its  true 
strength  consists  in  leaving  individuals  and  States,  as  much  as  possible,  to 
themselves;  in  making  itself  felt,  not  in  its  power,  but  in  its  beneficence; 
not  in  its  control,  but  in  its  protection;  not  in  binding  the  states  more 
closely  to  the  centre,  but  leaving  each  to  move,  unobstructed,  in  its 
proper  orbit. 

Experience  should  teach  us  wisdom.  Most  of  the  difliculties  our 
Government  now  encounters,  and  most  of  the  dangers  which  impend  over 
our  Union,  have  sprung  from  an  abandonment  of  the  legitimate  objects  of 
Government  by  our  national  legislation,  and  the  adoption  of  such  princi- 
ples as  are  embodied  in  this  act.  Many  of  our  rich  men  have  not  been 
content  with  equal  protection  and  equal  benefits,  but  have  besought  us  to 


1832] 


245 


make  them  richer  by  act  of  Congress.  By  attempting  to  gratify  their 
desires,  we  have,  in  the  results  of  our  legislation,  arrayed  section  against 
section,  interest  against  interest,  and  man  against  man,  in  a  fearful  com- 
motion which  threatens  to  shake  the  foundations  of  our  union.  It  is  time 
to  pause  in  our  career,  to  review  our  principles,  and,  if  possible,  revive 
that  devoted  patriotism  and  spirit  of  compromise  which  distinguished  the 
sages  of  the  revolution,  and  the  fathers  of  our  Union.  If  we  cannot  at 
once,  in  justice  to  interests  vested  under  improvident  legislation,  make 
our  Government  what  it  ought  to  be,  we  can,  at  least,  take  a  stand  against 
all  new  grants  of  monopolies  and  exclusive  privileges,  against  any  pros- 
titutionjof  our  Government  to  the  advancement  of  the  few  at  the  expense 
of  the  many,  and  in  favor  of  compromise  and  gradual  reform  in  our  code 
of  laws  and  system  of  political  economy. 

I  have  now  done  my  duty  to  my  country.  If  sustained  by  my  fellow- 
citizens,  I  shall  be  grateful  and  happy;  if  not,  I  shall  find  in  the  motives 
which  impel  me,  ample  grounds  for  contentment  and  peace.  In  the  dif- 
ficulties which  surround  us,  and  the  dangers  which  threaten  our  institu- 
tions, there  is  cause  for  neither  dismay  nor  alarm.  For  relief  and  deliv-. 
erance,  let  us  firmly  rely  on  that  kind  Providence  which,  I  am  sure, 
watches,  with  peculiar  care,  over  the  destinies  of  our  Republic,  and  on 
the  intelligence  and  wisdom  of  our  countrymen.  Through  His  abundant 
goodness  and  their  patriotic  devotion,  our  liberty  and  Union  will  be  pre- 
served. 

ANDREW  JACKSON. 

WASHINGTON,  July  10,  1832. 


31 


PROTEST 


OF   THE 


President  of  the  United  l§tates, 


COMMUNICATED  APRIL  17,  1834. 


PROTEST 


TO 


THE    SENATE. 


THURSDAY,    APRIL    17,    1834 


To  the  Senate  of  the  United  States: 

It  appears  by  the  published  journal  of  the  Senate,  that  on  the  26th  of 
December  last,  a  resolution  was  offered  by  a  niember  of  the  Senate, 
which,  after  a  protracted  debate,  was  on  the  28th  day  of  March  last, 
modified  by  the  mover,  and  passed  by  the  votes  of  twenty-six,  Sen- 
ators out  of  forty-six*  who  were  present  and  voted,  in  the  following 
words,  viz. 

"Resolved,  That  the  President,  in  the  late  Executive  proceedings 
in  relation  to  the  public  revenue,  has  assumed  upon  himself  authority  and 
j)Ower  not  conferred  by  the  Constitution  and  laws,  but  in  derogation  of 
both." 

Having  had  the  honor,  through  the  voluntary  suffrages  of  the  Ameri- 
can people,  to  fill  the  office  of  the  President  of  the  United  States  during 
the  period  which  may  be  presumed  to  have  been  referred  to  in  this 
resolution,  it  is  sufficiently  evident  that  the  censure  it  inflicts  was  intend- 
ed for  myself.  Without  notice,  unheard  and  untried,  I  thus  find  myself 
charged  on  the  records  of  the  Senate,   and  in  a  form  hitherto  unknown 

*  Yeas — Messrs,  Bibb,  Black,  Calhoun,  Clay,  Clayton,  Evving,  Fre- 
linghuysen,  Kent,  Knight,  Leigh,  Mangum,  Naudain,  Poindexter,  Porter, 
Prentiss,  Preston,  Robbins,  Silsbee,  Smith,  Southard,  Sprague,  Swift, 
Tomlinson,  Tyler,  Waggaman,  Webster,  26. 

Nays — Messrs.  Benton,  Brown,  Forsyth,  Grundy,  Hendricks,  Hill, 
Kane,  King,  of  Ala.,  King,  ofGa.,  Linn,  McKean,  Moore,  Morris,  Rob- 
inson, Shepley,  Tallmadge,  Tipton,  White,  Wilkins,  Wright,  20. 


250,  [April, 

in  our  history,  with  the  high  crime  of  violating  the  laws  and  Constitution 
of  my  country. 

It  can  seldom  be  necessary  for  any  department  of  the  Government, 
when  assailed  in  conversation,  or  debate,  or  by  the  strictures  of  the  press 
or  of  popular  assemblies  to  step  out  of  its  ordinary  path  for  the  purpose 
of  vindicating  its  conduct,  or  of  pointing  out  any  irregularity  or  injustice 
in  the  manner  of  the  attack.  But  when  the  chief  Executive  Magistrate 
is,  by  one  of  the  most  important  branches  of  the  Government,  in  its  of- 
ficial capacity,  in  a  public  manner,  and  by  its  recorded  sentence,  but 
without  precedent,  competent  autlioiity,  or  just  cause,  declaied  guilty  of 
a  breach  of  the  laws  and  Constitution,  it  is  due  to  his  staiion,  to  public 
opinion,  and  to  a  proper  self  respect,  that  the  officer  thus  denounced 
should  promptly  expose  the  wrong  which  lias  been  done. 

In  the  present  case,  m.oreover,  there  is  even  a  stronger  necessity  for 
such  a  vindication.  By  an  express  provision  of  the  Constitution,  before 
the  President  of  the  United  States  can  enter  on  the  execution  of  his 
office,  he  is  required  to  take  an  oath  or  affirmation  in  the  following 
words: 

"I  do  solemnly  swear,  (or  affirm)  that  I  will  faithfully  execute  the  of- 
fice of  President  of  the  United  States;  and  will,  to  the  best  of  my  ability, 
preserve,  protect,  and  defend,  the  Constitution  of  the  United  States." 

The  duty  of  defending,  so  far  as  in  him  lies,  the  integrity  of  the  Con- 
stitution, would  indeed  have  resulted  from  the  very  nature  of  his  office; 
but  by  thus  expressing  it  in  the  official  oath  or  affirmation,  which,  in 
this  respect,  differs  from  that  of  every  other  functionary,  the  founders  of 
our  Republic  have  attested  their  sense  of  its  importance,  and  have  given 
to  it  a  peculiar  solemnity  and  force.  Bound  to  the  performance  of  this 
duty  by  the  oath  I  have  taken,  by  the  strongest  obligations  of  gratitude 
to  the  American  people,  and  by  the  ties  which  unite  my  every  earthly 
interest  with  the  welfare  and  glory  of  my  country,  and  perfectly  convin- 
ced that  the  discussion  and  passage  of  the  above  mentioned  resolution 
were  not  only  unauthorized  by  the  Constitution,  but  in  many  respects 
repugant  to  its  provisions  and  subversive  of  the  rights  secured  by  it  to 
other  co-ordinate  departments,  I  deem  it  an  imperative  duty  to  maintain 
the  supremacy  of  that  sacred  instrument,  and  the  inmiunities  of  the  de- 
partment entrusted  to  my  care,  by  all  means  consistent  with  my  own  law- 
ful powers,  with  the  rights  of  others,  and  with  the  genius  of  our  civil 
institutions.  To  this  end,  I  have  caused  this,  my  solemn  protest  against 
the  aforesaid  proceedings,  to  be  placed  on  the  files  of  the  Executive  De- 
partment, and  to  be  transmitted  to  the  Senate. 

It  is  alike  due  to  the  subject,  the  Senate,  and  the  People  that  the 
views  which  I  have  taken  of  tlie  proceedings  referred  to,  and  which 
compel  me  to  regard  them  in  the  light  that  has  been  mentioned,  should 
be  exhibited  at  length,  and  with  the  freedom  and  firmness  which  are  re- 
quired by  an  occasion  so  unprecedented  and  peculiar. 

Under  the  Constitution  of  the  United  States,  the  powers  and  func- 
tions of  the  various  departments  of  the  Federal  Government,  and  their 
responsibilities  for  violation  or  neglect  of  duty,  are  clearly  defined  or 
result  by  necessary   inference.     The   Legislative  power,  subject  to  the 


1834.]  251 

qualified  negative  of  the  President,  is  vested  in  the  Congress  of  the 
United  States,  composed  of  the  Senate  and  House  of  Representatives. 
The  Executive  power  is  vested  exclusively  in  the  President,  except 
that  in  the  conclusion  of  treaties  in  certain  appointments  to  office,  he 
is  to  act  with  the  advice  and  consent  of  the  vSenate.  The^  Judicial 
power  is  vested  exclusively  in  the  Supreme  and  other  courts  of  the 
United  States,  except  in  cases  of  impeachment,  for  which  purpose  the 
accusatory  power  is  vested  in  the  House  of  Representatives,  and  that 
of  hearing  and  determining,  in  the  Senate.  But  although  for  the  special 
purposes  which  have  been  irentioned,  there  is  an  occasional  intermixture 
of  the  powers  of  the  different  departments,  yet  with  these  exceptions, 
each  of  the  three  great  departments  is  independent  of  the  others  in  its  sphere 
of  action;  and  when  it  deviates  from  that  sphere,  is  not  responsible  to  the 
others,  further  than  it  is  expressly  made  so  in  the  Constitution.  In  every 
other  respect,  each  of  them  is  the  coequal  of  the  other  two,  and  all  are 
the  servants  of  the  American  people,  without  power  or  right  to  control 
or  censure  each  other  in  the  service  of  their  common  superior,  save  only 
in  the  manner  and  to  the  degree  which  that  superior  has  prescribed. 

The  responsibilities  of  the  President  are  numerous  and  weighty.  He 
is  liable  to  impeachment  for  high  crimes  and  misdemeanors,  and,  on 
due'conviction,  to  removal  from  office,  and  perpetual  disqualification;  and 
notwithstanding  such  conviction,  he  may  also  be  indicted  and  punished 
according  to  law.  He  is  also  liable  to  the  private  action  of  any  party 
who  may  have  been  injured  by  his  illegal  mandates  or  instructions,  in  the 
same  nianner  and  to  the  same  extent  as  the  humblest  functionary.  In 
addition  to  the  responsibilities  which  may  thus  be  enforced  by  impeach- 
ment, criminal  prosecution,  or  suit  at  law,  he  is  also  accountable  at  the 
bar  of  public  opinion,  for  every  act  of  his  administratiou.  Subject  only 
to  the  restraints  of  truth  and  justice,  the  free  people  of  the  United 
States  have  the  undoubted  right,  as  individuals  or  collectively,  orally, 
or  in  writing,  ai  such  times,  and  in  such  language  and  form  as  they  may 
think  proper,  to  discuss  his  official  conduct,  and  to  express  and  promul- 
gate  their  opinions  concerning  it.  Indirectly,  also,  his  conduct  may  come 
under  review  in  either  branch  of  the  Legislature,  or  in  the  Senate  when 
acting  in  its  Executive  capacity,  and  so  far  as  the  executive  or  legislative 
proceedings  of  these  bodies  may  require  it,  it  may  be  examined  by  them. 
These  are  believed  to  be  the  proper  and  only  modes,  in  which  the 
President  of  the  United  State  is  to  be  held  accountable  for  his  official 
conduct. 

Tested  by  these  principles,  the  resolution  of  the  Senate  is  wholly  un- 
authorized by  the  Constitution,  and  in  derogation  of  its  entire  spirit.  It 
assumes  that  a  single  branch  of  the  Legislative  Department,  may,  for  the 
purposes  of  a  public  censure,  and  without  any  view  to  Legislation  or  im- 
peachment, take  up,  consider,  and  decide,  upon  the  official  acts  of  the 
Executive.  But  in  no  part  "of  the  Constitution  is  the  President  subjected 
to  any  such  responsibility;  and  in  no  part  of  that  instrument  is  any  such 
power  conferred  on  either  branch  of  the  Legislature. 

The  justice  of  these  conclusions  will  be  illustrated  and  confirmed  by  a 


252  [April, 

brief  analysis  of  tlie  powers  of  the  Senate,  and  a  comparison  of  their  re- 
cent proceedings  with  those  powers. 

The  high  functions  assigned  by  the  Constitution  to  the  Senate,  are  in 
their  nature  either  legislative,  executive  or  judicial.  It  is  only  in  the 
exercise  of  its  judicial  powers,  when  sitting  as  a  court  for  the  trial  of 
impeachments,  that  the  Senate  is  expressly  authorized  and  necessarily 
required  to  consider  and  decide  upon  the  conduct  of  the  President,  or 
any  other  publicofficer.  Indirectly,  however,  as  has  already  been  suggested 
it  may  frequently  be  called  on  to  perform  that  office.  Cases  may  occur 
of  its  legislative  or  executive  proceedings,  in  which  it  may  be  indis- 
pensable to  the  proper  exercise  of  its  powers,  that  it  should  inquire  into 
and  decide  upon  the  conduct  of  the  President,  or  other  public  officers; 
and  in  every  such  case,  its  constitutional  right  to  do  so  is  cheerfully  con- 
ceded. But  to  authorize  the  Senate  to  enter  on  such  a  task  in  its  legis 
lative  or  executive  capacity,  the  inquiry  must  actually  grow  out  of  and 
tend  to  some  legislative  or  executive  action;  and  the  decision,  when 
expressed,  must  take  the  form  of  some  appropriate  legislative  or  execu- 
tive act. 

The  resolution  in  question  was  introduced,  discussed,  and  passed,  not 
as  a  joint,  but  as  a  separate  resolution.  It  asserts  no  legislative  power, 
proposes  no  legislative  action;  and  neither  possesses  the  form  nor  any 
of  the  attributes  of  a  legislative  measure.  It  does  not  appear  to  have 
been  entertained  or  passed,  with  any  view  or  expectation  of  its  issuing 
in  a  law  or  joint  resolution,  or  in  the  repeal  of  any  law  or  joint  resolu- 
tion, or  in  any  other  legislative  action. 

Whilst  wanting  both  the  form  and  substance  of  a  legislative  measure, 
it  is  equally  manifest,  that  the  resolution  was  not  justified  by  any  of  the 
executive  powers  conferred  on  the  Senate.  These  powers  relate  ex- 
clusively to  the  consideration  of  treaties  and  nominations  to  office;  and 
they  are  exercised  in  secret  session,  and  with  closed  doors.  This  reso- 
lution does  not  apply  to  any  treaty  or  nomination,  and  was  passed  in  a 
public  session. 

Nor  does  this  proceeding  in  any  way  belong  to  that  class  of  inciden- 
tal resolutions  which  relate  to  the  officers  of  the  Senate,  to  their  cham- 
ber, and  other  appurtenances,  or  to  subjects  of  order,  and  other  matters 
of  the  like  nature — in  all  which  either  house  may  lawfully  proceed,  with- 
out any  co-operation  with  the  other,  or  with  the  President. 

On  the  contrary,  the  whole  phraseology  and  sense  of  the  resolution 
seem  to  be  judicial.  Its  essence,  true  character,  and  only  practical  ef- 
fect, are  to  be  found  in  the  conduct  which  it  charges  upon  the  President, 
and  in  the  judgment  which  it  pronounces  on  that  conduct.  The  resolu- 
tion, therefore,  though  discussed  and  adopted  by  the  Senate  in  its  legis- 
lative capacity,  is,  in  its  office,  and  in  its  characteristics,  essentially 
judicial. 

That  the  Senate  possesses  a  high  judicial  power,  and  that   instances 
may  occur  in  which  the  President  of  the   United  States  will  be  amena- 
ble to  it,  is  undeniable.     But  under  the  provisions  of  the  Constitution,  it 
\'\ould  seem  to  be  equally  plain  that  neither  the  President  nor  any  other 
^  officer  can  be  rightfully  subjected  to  the  operation  of  the  judicial  power 


1834.]  253 

of  the  Senate,  except  in  the  cases  and  under  the  forms  prescribed  by  the 
Constitution. 

The  Constitution  declares  that  "the  President,  Vice  President,  and  all 
civil  officers  of  the  United  States,  shall  be  removed  from  office  on  im- 
peachment for,  and  conviction  of  treason,  bribery,  or  other  liigh  crimes 
and  misdemeanors" — that  the  House  of  Representatives  "shall  have  the 
sole  power  of  impeachment" — that  the  Senate  "shall  have  the  sole  power 
to  try  all  impeachments" — that  "when  sitting  for  that  purpose,  they  shall 
be  on  oath  or  affirmation"— that  "^when  the  President  of  the  United 
States  is  tried,  the  Chief  Justice  shall  preside" — that  "no  person  shall  be 
convicted  without  the  concurrenceof  two-thirds  of  the  members  present" 
— and  that  "judgment  shall  not  extend  further  than  to  removal  from  office, 
and  disqualification  to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit, 
under  the  United  States." 

The  resolution  above  quoted,  charges  in  substance,  that  in  certain  pro- 
ceedings relating  to  the  public  revenue,  the  President  has  usurped  .autho- 
rity and  power  not  conferred  upon  him  by  the  Constitution  and  laws,  and 
that  in  doing  so  he  violated  both.  Any  such  act  constitutes  a  high  crime 
— one  of  the  highest,  indeed,  which  the  President  can  commit — a  crime 
w-hich  justly  exposes  him  to  impeachment  by  the  House  of. Representa- 
tives, and  upon  due  conviction,  to  removal  from  office,  and  to  the  com- 
plete and  immutable  disfranchisement  prescribed  by  the  Constitution. 

The  resolution,  then,  was  in  substance  an  impeachment  of  the  Presi- 
dent; and  in  its  pasi^age,  amounts  to  a  declaration  by  a  majority  of  the 
Senate,  that  he  is  guilty  of  an  impeachable  offence.  As  such,  it  is  spread 
upon  the  journals  of  the  Senate — published  to  the  nation  and  to  the  world 
— made  part  of  our  enduring  archives — and  incorporated  in  the  history 
of  the  age.  The  punishment  of  removal  from  office  and  future  disqualifi- 
cation, does  not,  it  is  true,  follow  this  decision;  nor  would  it  have  follow- 
ed the  like  decision,  if  the  regular  forms  of  proceeding  had  been  pursued, 
because  the  requisite  number  did  not  concur  in  the  result.  But  the  mo- 
ral influence  of  a  solemn  declaration,  by  a  majority  of  the  Senate,  that  the 
accused  is  guilty  of  the  offence  charged  upon  him,  has  been  as  effectu- 
ally secured,  as  if  the  like  declaration  had  been  made  upon  an  impeach- 
ment expressed  in  the  same  terms.  Indeed,  a  greater  practical  effect  has 
been  gained,  because  the  votes  given  for  the  resolution,  though  not  suffi- 
cient to  authorise  a  judgment  of  guilty  on  an  impeachment,  were  numer- 
ous enough  to  carry  that  resolution. 

That  the  resolution  does  not  expressly  allege  that  the  assumption  of 
power  and  authori.t^,  which  it  condemns,  was  intentional  and  corrupt,  is 
no  answer  to  the  preceding  view  of  its  character  and  effect.  The  act 
thus  condemned,  necessarily  implies  volition  and  design  in  the  individual 
to  whom  it  is  imputed,  and  being  unlawful  in  its  character,  the  legal  con- 
clusion is,  that  it  was  prompted  by  improper  motives,  and  committed 
with  an  unlawful  intent.  The  charge  is  not  of  a  mistake  in  the  exercise 
of  supposed  powers,' bat  of  the  assumption  of  powers  not  conferred  by 
the  Constitution  and  laws,  but  in  derogation  of  both,  and  nothing  is  sug- 
gested to  excuse  or  palliate  the  turpitude  of  the  act.  In  the  "absence  of 
32 


254  [April, 

any  such  excuse  or  palliation,  there  is  only  room  for  one  inference;  and 
that  is,  that  the  intent  was  unlawful  and  corrupt.  Besides,  the  resolution 
not  only  contains  no  mitigating  suggestion,  but  on  the  contrary,  it  holds 
up  the  act  complained  of,  as  justly  obnoxious  to  censure  and  reproba- 
tion: and  thus  as  distinctly  stamps  it  with  impurity  of  motive,  as  if  the 
strongest  epithets  had  been  used. 

The  President  of  the  United  States,  therefore,  has  been,  by  a  majority 
of  his  constitutional  triers,  accused  and  found  guilty  of  an  impeachable 
offence:  but  in  no  part  of  this  proceeding  have  the  directions  of  the  Con- 
stitution been  observed. 

The  impeachment,  instead  of  being  preferred  and  prosecuted  by  the 
House  of  Representatives,  originated  in  the  Senate,  and  was  prosecuted 
"without  the  aid  or  concurrence  of  the  other  House.  The  oath  or  affirm- 
ation prescribed  by  the  Constitution,  was  not  taken  by  the  Senators;  the 
Chief  Justice  did  not  preside;  no  notice  of  the  charge  was  given  to  the 
accused;  and  no  opportunity  afforded  him  to  respond  to  the  accusation, 
to  meet  his  accusers  face  to  face,  to  cross  examine  the  witnesses,  to  pro- 
cure counteracting  testimony,  or  to  be  heard  in  his  defence.  The  safe- 
guards and  formalities  which  the  Constitution  has  connected  with  the 
power  of  impea«hment  were  doubtless  supposed,  by  the  framers  of  that 
instrument  to  be  essential  to  the  protection  of  the  public  servant,  to  the 
attainment  of  justice,  and  to  the  order,  impartiality,  and  dignity  of  the 
procedure.  These  safe  guards  and  formalities  were  not  only  practically 
disregarded  in  the  commencement  and  conduct  of  these  proceedings,  but 
in  their  result,  I  find  myselfconvictedbyless  than  two  thirds  of  the  mem- 
bers present,  of  an  impeachable  offence. 

In  vain  may  it  be  alleged  in  defence  of  this  proceeding,  that  the  form 
of  the  resolution  is  not  that  of  an  impeachment,  or  of  a  judgment  there- 
upon; that  the  punishmeut  prescribed  in  the  Constitution  does  not  follow 
its  adoption,  or  that  in  this  case,  no  impeachment  is  to  be  expected  from 
the  House  of  Representatives.  It  is  because  it  did  not  assume  the  form 
of  an  impeachment,  thai  it  is  the  more  palpably  repugnant  to  the  Consti- 
tution; for  it  is  through  that  form  only  that  the  President  is  judicially  re- 
sponsible to  the  Senate;  and  though  neither  removal  from  office  nor  fu- 
ture disqualification  ensues,  yet  it  is  not  to  be  presumed,  that  the  framers 
of  the  Constitution  considered  either  or  both  of  those  results,  as  consti- 
tuting the  whole  of  the  punishment  they  prescribed.  The  judgment  of 
guilty  by  the  highest  tribunal  in  the  Union;  the  stigma  it  would  inflict  on 
the  offender,  his  family  and  fame;  and  the  perpetual  record  on  the  jour- 
nal, handing  down  to  future  generations  the  story  of  his  disgrace,  were 
doubtless  regarded  by  them  as  the  bitterest  portions,  if  not  the  very  es- 
sence of  that  punishment.  So  far,  therefore,  as  some  of  its  most  material 
parts  are  concerned,  tlie  passage,  recording,  and  promulgation  of  the  re- 
solution, are  an  attempt  to  bring  them  on  the  President,  in  a  manner  un- 
authorized by  the  Constitution. 

To  shield  him,  and  other  officers,  who  are  liable  to  impeachment,  from 
consequences  so  momentous,  except  when  really  merited  by  official  de- 
linquencies, the  Constitution  has  most  carefully  guarded  the  whole  pro- 
cess of  impeachment.     A  majority  of  the  House  of  Representatives,  must 


1834.]  255 

think  the  officer  guilty,  before  he  can  be  charged.  Two-thirds  of  the 
Senate  must  pronounce  him"  guilty,  or  he  is  deemed  to  be  innocent. 
Forty-six  Senators  appear  by  ihe  journal  to  have  been  present  when  the 
vote  on  the  resolution  was  taken.  If,  alter  all  (he  solemnities  of  an  im- 
peachment, thirty  of  tliose  Senators  had  voted  that  the  President  was 
guilty,  yet  would  he  have  been  acquitted;  but  I)y  the  mode  of  proceed- 
ing adopted  in  the  present  case,  a  lasting  record  of  conviction  has  been 
entered  up  by  the  votes  of  tweiiiy-six  Senators,  without  an  impeachment 
or  trial;  whilst  the  Constiiution  expressly  declnres  that  to  the  entry  of 
such  a  jud-ment,  an  accusation  by  the  House  of  Representatives,  a  trial 
by  the  Senate,  and  a  concurrence  of  two-thirds  in  the  vote  of  guilty,  shall 
be  indespensable  prerequisites. 

Whether  or  not  an  impeachment  was  to  be  expected  from  the  House 
of  Representatives,  was  a  point  on  which  the  Senate  had  no  constitution- 
al right  to  speculate,  and  in  respect  to  which,  even  had  it  possessed  the 
spirit  of  prophecy,  its  anticipations  would  have  furnished  no  just  grounds 
for  this  procedure.     Admitting  that  there  was  reason  to  believe  that  a 
violation  of  the  Constitution  and  laws  had  been  actually  committed  by  the 
President,  still  it  was  the  duty   of  the  Senate,  as  his  sole  constitutional 
judges,  to  wait  for  an  impeachment  until  the  other  House  should  think 
proper  to  prefer  it.     The  members  ol  the  Senate  could  have  no  right  to 
infer  that  no  impeachment  was  intended.     On  the  contrary,  every°leo-al 
and  rational  presumption  on  their  part  ought  to  have  been,  that  if  there 
was  good  reason  to  believe  him  guilty  of  an   impeachable  offence,  the 
House  of  Representatives  would  perform  its  constitutional  duty,  by  ar- 
raigning the  offender  before  the  justice  of  his  country.     The  contrary 
presumption  would  involve  an  implication  derogatory  to  the  integrity  and 
honor  of  the  Representatives  of  the  People.     But  suppose  the  s'uspicion 
thus  implied  were  actually  entertained,  and  for  good  cause,  how  can  it 
justify  the  assumption  by  the  Senate  of  powers  not  conferred  by  the  Con- 
stitution.? 

It  is  only  necessary  to  look  at  the  condition  in  which  the  Senate  and 
the  President  have  been  placed  by  this  proceeding,  to  perceive  its  utter 
incompatibility  with  the  provisions  and  the  spirit  of  the  Constitution,  and 
with  the  plainest  dictates  of  humanity  and  justice. 

If  the  House  of  Representatives  shall  be  of  opinion  that  there  is  just 
ground  tor  the  censure  pronounced  upon  the  President,  then  will  it  be 
the  solemn  duty  of  that  House  to  prefer  the  proper  accusation,  and  to 
cause  him  to  be  brought  to  trial  by  the  constitutional  tribunal.  But  in 
what  condition  would  he  find  that  tribunal.?  A  majority  of  its  members 
have  already  considered  the  case,  and  have  not  only  formed  but  express- 
ed a  deliberate  judgment  upon  its  merits.  It  is  the  policy  of  our  benign 
systems  of  jurisprudence,  to  secure,  in  ail  criminal  proceedings,  and  even 
in  the  most  trivial  litigation,  a  fair,  unprejudiced,  and  impartial  trial. 
And  surely  it  cannot  be  less  important  that  such  a  trial  should  be  secured 
to  the  highest  officer  of  the  Government. 

The  Constitution  makes  the  House  of  Representatives  the  exclusive 
judges,  in  the  first  instance,  of  the  question  whether  the  President  has 
committed  an  impeachable  offence.     A  majority  of  the  Senate,  whose 


266  [April, 

interference  with  this  preliminary  question,  has,  for  the  best  of  all  rea- 
sons, been  studiously  excluded,  anticipate  the  action  of  the  House  of  Rep- 
resentatives, assume  not  only  the  function  which  belongs  exclusively  to 
that  body,  but  convert  themselves  into  accusers,  witnesses,  counsel,  and 
judges,  and  prejudge  the  whole  case.  Thus  presenting  the  appalling 
spectacle,  in  a  free  state,  of  judges  going  through  a  labored  preparation 
for  an  impartial  hearing  and  decision,  by  a  previous  ex  parte  investiga- 
tion and  sentence  against  the  supposed  offender. 

There  is  no  more  settled  axiom  in  that  government  whence  we  deri- 
ved the  model  of  this  part  of  our  Constitution  than,  that  "the  Lords  cannot 
impeach  any  to  themselves,  nor  join  in  the  accusation,  tccawse  they  are 
judges.^^  Independently  of  the  general  reasons  on  which  <his  rule  is 
founded,  its  propriety  and  importance  are  greatly  increased  by  the  na- 
ture of  the  impeaching  power.  The  power  of  arraigning  the  high  of- 
ficers of  Government,  before  a  tribunal  whose  sentence  may  expel  them  from 
their  seats  and  brand  them  as  infamous  is,  eminently  a  popular  remedy — a 
remedy  designed  to  be  employed  for  the  protection  of  private  right  and  pub- 
lic liberty,  against  the  abuses  of  injustice  and  the  encroachments  of  arbi- 
tary  power.  But  the  framers  of  the  Constitution  were  also  undoubtedly 
aware,  that  this  formidable  instrument  had  been,  and  might  be  abused: 
and  that  from  its  very  nature,  an  impeachment  for  high  crimes  and  mis- 
demeanors, whatever  might  be  its  result,  woi;ld  in  most  cases  be  accom- 
panied by  so  much  of  dishonor  and  reproach,  solicitude  and  suffering,  as 
to  make  the  power  of  preferring  it,  one  of  the  highest  solemnity  and  im- 
portance. 

It  was  due  to  both  these  considerations,  that  the  impeaching  power 
should  be  lodged  in  the  hands  of  those,  who,  from  the  mode  of  their  elec- 
tion and  the  tenure  of  their  offices,  would  most  accurately  express 
the  popular  will,  and  at  the  same  time  be  most  directly  and  speedily 
amenable  to  the  people.  The  theory  of  these  wise  and  benignant  inten- 
tions, is,  in  the  present  case,  effectually  defeated  by  the  proceedings  of 
the  Senate.  The  members  of  that  body  represent,  not  the  people,  but 
the  States;  and  though  they  are  undoubtedly  responsible  to  the  States, 
yet,  from  their  extended  term  of  service,  the  effect  of  that  responsibility, 
during  the  whole  perioJ  of  that  term,  must  very  much  depend  upon  their 
own  impressions  of  its  obligatory  force.  When  a  body,  thus  constituted, 
expresses,  before  hand,  its  opinion  in  a  particular  case,  and  thus  indi- 
rectly invites  a  prosecution,  it  not  only  assumes  a  power  intended  for 
wise  reasons  to  be  confined  to  others,  but  it  shields  the  latter  from  that 
exclusive  and  personal  responsibility  under  which  it  was  intended  to  be 
exercised,  and  reverses  the  whole  scheme  of  this  part  of  the  Constitution. 

Such  would  be  some  of  the  objections  to  this  procedure,  even  if  it  were 
admitted  that  there  is  just  ground  for  imputing  to  tlie  President,  the  offen- 
ces charged  in  the  resolution.  But  if  on  the  other  hand,  the  House  of 
Representatives  shall  be  of  opinion  that  there  is  no  reason  for  charg- 
ing them  upon  him,  and  shall  therefore  deem  it  improper  to  prefer  an 
impeachment,  then  will  the  violation  of  privilege  as  it  respects  that 
house,  of  justice  as  it  regards  the  President,  and  of  the  Constitution  as 
it  relates  to  both,  be  only  the  more  conspicuous  and  impressive. 


1834.]  257 

The  Constitutional  mode  of  procedure  on  an  impeachment  has  not 
only  been  wholly  disregarded,  but  some  of  the  first  principles  of  natural 
right  and  enlightened  jurisprudence  have  been  viola'ed  in  the  very  form 
of  the  resolution.  It  carefully  abstains  from  averring  in  wliich  of  'Hhe 
late  proceedings  in  relation  to  the  public  revenue,  the  President  has  as- 
sumed upon  himself  authority  and  power  not  conferred  by  the  Constitu- 
tion and  laws."  It  carefully  'abstains  from  specifying  ichat  laics  or  tchat 
parts  o^  \he  Constitution  have  been  violated.  Why  was  not  the  certainty 
of  the  offence  "the  nature  and  cause  of  the  accusation"  set  out  in  the 
manner  required  in  the  Constitution,  before  even  the  humblest  individual, 
for  the  smallest  crime,  can  be  exposed  to  condemnation?  Such  a  spe- 
cification was  due  to  the  accused,  that  he  might  direct  his  defence  to  the 
real  points  of  attack;  to  the  people,  that  they  might  clearly  understand 
in  what  particular  their  institutions  had  been  violated;  and  to  the  truth 
and  certainty  of  our  public  annals.  As  the  record  now  stands,  whilst 
the  resolution  plainly  charges  upon^the  President  at  least  one  act  of 
usurpation  in  "the  late  executive  proceedings  in  relation  to  the  public 
revenue,"  and  is  so  framed  that  those  Senators  who  believed  that  one 
such  act,  and  only  one,  had  been  committed  could  assent  to  it;  its  Ian-* 
guage  is  yet  broad  enough  to  include  several  such  acts,  and  so  it  may 
have  been  regarded  by  some  of  those  who  voted  for  it. 

But  though  the  accusation  is  thus  comprehensive  in  the  censures  it 
applies,  there  is  no  such  certainty  of  time,  place,  or  circumstance,  as  to 
exhibit  the  particular  conclusion  of  fact  or  law  which  induced  any  one 
Senator  to  vote  for  it.  And  it  may  well  have  happened,  that  whilst  one 
Senator  believed  that  some  particular  act  embraced  in  the  resolution,  was 
an  arbitrary  and  unconstitutional  assumption  of  power,  others  of  the  ma- 
jority may  have  deemed  that  every  act  both  constitutional  and  expedient, 
or  if  not  expedient,  yet  still  within  the  pale  of  the  Constitution.  And  thus 
a  majority  of  the  Senators  may  have  been  enabled  to  concur,  in  a  vague 
and  undefined  accusation,  "that  the  President,  in  the  course  of  the  late 
executive  proceedings  in  relation  to  the  public  revenue,"  had  violated  the 
Constitution  and  laws,  whilst,  if  a  separate  vote  had  been  taken  in  respect 
to  each  particular  act  included  within  the  general  terms,  the  accusers 
of  the  President  might,  on  any  such  vote,  have  been  found  in  the  minority. 

Still  further  to  exemplify  this  feature  of  the  proceedings,  it  is  impor- 
tant to  be  remarked,  that  the  resolution,  as  originally  offered  to  the  Senate, 
specified  with  adequate  precision  certain  acts  of  the  President,  w^hich 
it  denounced  as  a  violation  of  the  Constitution  and  laws;  and  that  it  was 
not  until  the  very  close  of  the  debate,  and  when,  perhaps,  it  was  appre- 
hended that  a  majority  might  not  sustain  the  specific  accusation  contained 
in  it,  that  the  resolution  was  so  modified  as  to  assume  its  present  form. 
A  more  striking  illustration  of  the  soundness  and  necessity  of  the  rules 
which  forbid  vague  and  indefinite  generalities  and  require  a  reasonable 
certainty  in  all  judicial  allegation  and  a  more  glaring  instance  of  the 
violation  of  those  rules,  has  seldom  been  exhibited. 

In  this  view  of  the  resolution  it  must  certainly  be  regarded,  not  as  a 
vindication  of  any  particular  provision  of  the  law,  or  the  Constitution,  but 
simply  as  an  official  rebuke  or  condemnatory  sentence,  too  general  and  in- 


258  V  [April, 

definite  to  be  easily  repelled,  but  yet  sufficiently  precise  to  bring  into 
discredit  the  conduct  and  motives  of  the  executive.  But  whatever  it 
may  have  been  intended  to  accomplisli,  it  is  obvious  that  the  vague,  gen- 
eral, and  abstract  form  of  the  resolution,  is  in  perfect  keeping  with  those 
other  departures  from  first  principles  and  settled  improvements  in  juris- 
prudence, so  properly  tlie  boast  of  free  countries  in  modern  times.  And 
it  is  not  too  much  to  say,  of  the  whole  of  these  proceedings,  that  if 
they  shall  be  approved  and  sustained  by  an  intelligent  people,  then  will 
that  great  contest  with  aibitrary  power,  which  had  established  in  statutes, 
in  bills  of  rights,  in  sacred  charters,  and  in  Constitutions  of  Government, 
the  right  of  every  citizen,  to  a  notice  before  -trial,  to  a  hearing  before 
conviction,  and  to  an  impartial  tribunal  for  deciding  on  the  charge,  have 
been  waged  in  vain. 

If  the  resolution  had  been  left  in  its  original  form,  it  is  not  to  be  pre- 
sumed that  it  could  ever  have  received  the  assent  of  a  majority  of 
the  Senate,  for  the  acts  therein  specified  as  violations  of  the  Constitution 
and  laws,  were  clearly  within  the  limits  of  the  executive  authority.  They 
are  the  "dismissing  the  late  Secretary  of  the  Treasury,  because  he  would 
not,  contrary  to  his  sense  of  his  own  duty,  remove  the  money  of  the 
United  States  in  deposite  with  the  Bank  of  the  United  States  and  its 
branches,  in  conformity  with  the  President's  opinion;  and  appointing 
his  successor  to  effect  such  removal,  which  has  been  done."  But  as  no 
other  specification  has  been  substituted,  and  as  these  were  the  "execu- 
tive proceedings  in  relation  to  the  public  revenue,"  principally  referred 
to  in  the  course  of  the  discussion,  they  will  doubtless  be  generally  re- 
garded as  the  acts  intended  to  be  denounced  as  "an  assumption  of  authori- 
ty and  power  not  conferred  by  the  Constitution  or  laws,  but  in  deroga- 
tion of  both."  It  is  therefore  due  to  the  occasion  that  a  condensed  sum- 
mary of  the  views  of  the  executive  in  respect  to  them,  should  be  here 
exhibited. 

By  the  Constitution,  "the  executive  powerjs  vested  in  a  President  of 
the  United  States."  Among  the  duties  imposed  upon  him,  and  which 
he  is  sworn  to  perform,  is  that  of  "taking  care  that  the  laws  be  faith- 
fully executed."  Being  thus  made  responsible  for  the  entire  action  of 
the  executive  department,  it  was  but  reasonable  that  the  power  of  ap- 
pointing, overseeing,  and  controlling  those  who  execute  the  laws;  a  pow- 
er in  its  nature  executive  should  remain  in  his  hands.  It  is,  therefore, 
not  only  his  right,  but  the  Constitution  makes  it  his  duty,  to  "nominate 
and  by  and  with  the  advice  and  consent  of  the  Senate  appoint,"  all  "of- 
ficers of  the  United  Stales  whose  appointments  are  not  in  die  Constitu- 
tion otherwise  provided  ior,"  with  a  proviso  that  the  appointment  of  in- 
ferior officers  may  be  vested  in  the  President  alone,  in  the  Courts  of 
justice  or  in  the  heads  of  departments. 

The  executive  power  vested  in  the  Senate,  is  neither  that  of  "nomina- 
ting" nor  "appointing."  It  is  merely  a  check  upon  the  executive  power 
of  appointment.  If  individuals  are  proposed  for  appointment  by  the 
President,  by  them  deemed  incompetent  or  unworthy,  they  may  with- 
hold their  consent,  and  the  appointment  cannot  be  made.  They  check 
the  action  of  the  executive,  but  cannot,  in  relation  to  those  very  subjects, 


1834.]  259 

act  themselves,  nor  direct  him.  Selections  are  still  made  by  the.Presi- 
dent,  and  the  negative  given  to  the  Senate,  without  diminishing  his  re- 
sponsibility, furnishes  an  additional  guarantee  to  the  country  that  the 
subordinate,  executive,  as  well  as  the  judicial  offices,  shall  be  filled  with 
worthy  and  competent  men. 

The  whole  executive  power  being  vested  in  the  President,  who  is 
responsible  for  its  exercise,  it  is  a  necessary  consequence,  that  he  should 
have  a  right  to  employ  agents  of  his  own  choice  to  aid  him  in  the  per- 
formance of  his  duties,  and  to  discharge  them  when  he  is  no  longer  wil- 
ling to  be  responsible  for  their  acts.  In  strict  accordance  with  this 
principle,  the  power  of  removal,  which,  like  that  of  appointment,  is  an 
original  executive  power,  is  left  unchecked  by  the  Constitution  in  rela- 
tion to  all  executive  officers,  for  whose  conduct  the  President  is  respon- 
sible, while  it  is  taken  from  him  in  relation  to  judicial  officers,  for  whose 
acts  he  is  not  responsible.  In  the  Government  from  which  many  of  the 
fundamental  principles  of  our  system  are  derived,  the  head  of  the 
executive  department  originally  had  power  to  appoint  and  remove  at 
his  will,  all  officers,  executive  and  judicial.  It  was  to  take  the  judges 
out  of  this  general  power  of  removal,  and  thus  make  them  independent 
of  the  executive,  that  the  tenure  of  their  offices  was  changed  to  good  be- 
haviour. Nor  is  it  conceivable,  why  they  are  placed,  in  our  Constitu- 
tion, upon  a  tenure  different  from  that  of  all  other  officers  appointed  by 
the  executive,  unless  it  be  for  the  same  purpose. 

But  if  there  were  any  just  ground  for  doubt  on  the  face  of  the  Con- 
stitution, whether  all  executive  officers  are  removable  at  the  will  of  the 
President,  it  is  obviated  by  the  contemporaneous  construction  of  the 
instrument,  and  the  uniform  practice  under  it. 

The  power  of  removal  was  a  topic  of  solemn  debate  in  the  Congress 
of  1789,  while  organizing  the  administrative  departments  of  the  Gov- 
ernment, and  it  was  finally  decided,  that  the  President  derived  from  the 
Constitution,  the  power  of  removal,  so  far  as  it  regards  that  department 
for  whose  acts  he  is  responsible.  Although  the  debate  covered  the  whole 
ground,  embracing  the  Treasury  as  well  as  all  the  other  executive  de- 
partments, it  arose  on  a  motion  to  strike  out  of  the  bill  to  establish  a  de- 
partment of  foreign  affairs,  since  called  the  department  of  state,  a  clause 
declarmg  the  Secretary  "to  be  removable  from  office  by  the  President  of 
the  United  States."  After  that  motion  had  been  decided  in  the  negative, 
it  was  perceived  that  these  words  did  not  convey  the  sense  of  the  House 
of  Representatives,  in  relation  to  the  true  source  of  the  power  of  removal. 
With  the  avowed  object  of  preventing  any  future  inference,  that  this 
power  was  exercised  by  the  President  in  virtue  of  a  grant  from  Con- 
gress, when  in  fact  that  body  considered  it  as  derived  from  the  Consti- 
tution, the  words  which  had  been  the  subject  of  a  debate  were  struck 
out,  and  in  lieu  thereof  a  clause  was  inserted  in  a  provision  concerning 
the  chief  clerk  of  the  department,  which  declared  that  'Hvhenever  the 
said  principal  officer  shall  be  removed  from  office  by  the  President  of  the 
United  States,  or  in  any  other  case  of  vacancy,"  the  chief  clerk  should, 
during  such  vacancy,  have  charge  of  the  papers  of  the  office.  This 
charge  having  been  made  for  the  express  purpose  of  declaring  the  sense 


260  [April, 

of  Congress,  that  the  President  derived  the  power  of  removal  from  the 
Constitution,  the  act  as  it  passed,  has  always  been  considered  as  a  full  ex- 
pression of  the  sense  of  the  legislature  on  this  important  part  of  the 
American  Constitution. 

Here  then  we  have  the  concurrent  authority  of  President  Washington, 
of  the  Senate,  and  the  House  of  Representatives,  numbers  of  whom  had 
taken  an  active  part  in  the  convention  which  framed  the  Constitution,  and 
in  the  State  conventions,  which  adopted  it,  that  tlie  President  derived  an 
unqualified  power  of  removal  from  that  instrument  itself,  which  is  "be- 
yond the  reach  of  legislative  authority."  Upon  this  priaciple  the  gov- 
ernment has  now  been  steadily  administered  for  about  forty-five  years, 
during  wliich  there  have  been  numerous  removals  made  by  ihe  President 
or  by  his  direction,  embracing  every  grade  of  executive  officers,  from 
the  heads  of  departments  to  the  messengers  of  bureaus. 

The  treasury  department,  in  the  discussions  of  1789,  was  considered 
on  the  same  footing  as  the  other  executive  departments,  and  in  the  act 
establishing  it,  the  precise  words  were  incorporated  indicative  of  the 
sense  of  Congress,  that  the  President  derives  his  power  to  remove  the 
Secretary,  from  the  Constitution,  which  appear  in  the  act  establishing  the 
department  of  foreign  affairs.  An  assistant  Secretary  of  the  Treasury 
was  created,  and  it  was  provided  that  he  should  take  charge  of  the  books 
and  papers  of  the  department,  "whenever  the  Secretary  shall  be  removed 
from  office  by  the  President  of  the  United  States." 

The  Secretary  of  the  Treasury  being  appointed  by  the  President,  and 
being  considered  as  constitutionally  removable  by  him,  it  appears  never 
to  have  occurred  to  any  one  in  the  Congress  of  1789,  or  since,  until  very 
recently,  that  he  was  other  than  an  executive  officer,  the  mere  instru- 
ment of  the  Chief  Magistrate  in  the  execution  of  the  laws,  subject,  like 
all  other  heads  of  departments,  to  his  supervision  and  control.  No  such 
idea  as  an  officer  of  the  Congress  can  be  found  in  the  Constitution,  or 
appears  to  have  suggested  itself  to  those  who  organized  the  Government. 
There  are  officers  of  each  house,  the  appointment  of  which  is  authorized 
by  the  Constitution,  but  all  officers  referred  to  in  that  instrument,  as 
coming  within  the  appointing  power  of  the  President,  whether  establish- 
ed thereby  or  created  by  law,  are  "Officers  of  the  United  States."  No 
joint  power  of  appointment  is  given  to  the  two  Houses  of  Congress,  nor 
is  there  any  accountability  to  them  as  one  body:  but  as  soon  as  any  of- 
fice is  created  by  law,  of  whatever  name  or  character,  the  appointment 
of  the  person  or  persons  to  fill  it,  devolves  by  the  Constitution  upon  the 
President,  witK  the  advice  and  consent  of  the  Senate,  unless  it  be  an  in- 
ferior office,  and  the  appointment  be  vested  by  the  law  itself  "in  the 
President  alone,  in  the  courts  of  law,  or  in  the  heads  of  departments." 

But  at  the  time  of  the  organization  of  the  Treasury  Department,  an 
incident  occurred  which  distinctly  evinces  the  unanimous  concurrence  of 
the  first  Congress  in  the  principle  that  the  Treasury  Department  is 
wholly  executive  in  its  character  and  responsibilities.  A  motion  was 
made  to  strike  out  the  provision  of  the  bill  making  it  the  duty  of  the 
Secretary  "to  digest  and  report  plans  lor  the  improvement  and  manage- 
ment of  the  revenue,  and  for  the  support  of  public  credit,"  on  the  ground 


1834.]  261 

that  it  would  give  the  executive  department  of  the  government  too  much 
influence  and  power  in  Congress.     The   motion  was  not  opposed  on  the 
ground  tliat  the  Secretary  was  the  officer  of  Congress  and  responsible 
to  that  body,  which  wouU]  have  been  exclusive,  if  admitted,  but  no  other 
grounds  which  conceded  Jiis  executive  character  t!iroughout.     The  whole 
discussion  evinces  an  unanimous  concurrence  in  the  principle,  that  the 
Secretary  of  the  Treasury  is  wholly  an  executive  officer,  and  the  strug- 
gle of  the  minority  was   to  restrict  his  power  as  such.     From  that  time 
down  to  the  present,  the  Secretary  of  the  Treasury,  Reijister,   Comp- 
trollers, Auditors,   and  Clerks,  who   fill  the  offices  of  that  departmsni, 
have,  in  practice  of  the  government,  been  considered  and  treated  as  on 
the  same   footing  with   corresponding  grades  of  officers  in  all  the  other 
executive  departments. 

The  custody  of  the  public  property,  under  such  regulations  as  may 
be  prescribed  by  legislative  authority,  has  always  been  considered  an 
appropriate  function  of  the  executive  department"^  in  this  and  all  other 
governments.  In  accordance  with" this  principle,  every  species  of  proper- 
ty belonging  to  the  United  States,  (excepting  that  which  is  in  the  use  of 
the  several  co-ordinate  departments  of  the  government,  as  means  to  aid 
them  in  performing  their  appropriate  functions,)  is  in  charge  of  officers 
appointed  by  the  President,  whether  it  be  lands,  or  buildings,  or  mer- 
chandise, or  provisions,  or  clothing,  or  arms  and  munitions  of  war.  The 
superintendents  and  keepers  of  the  whole  are  appointed  by  the  President, 
responsible  to  him,  and  removable  at  his  will.* 

Public  money  is  but  a  species  of  public  property.  It  cannot  be  raised 
by  taxation  or  customs,  nor  brought  into  the  treasury  in  any  other  way, 
except  by  law;  but  whenever  or  howsoever  obtained,  its  custody  always 
has  been,  and  always  must  be,  unless  the  Constitution  be  changed,  in- 
trusted to  the  executive  department.  No  officer  can  be  created  by  Con- 
gress for  the  purpose  of  taking  charge  of  it,  whose  appointment  would 
not,  by  the  Constitution,  at  once  devolve  on  the  President,  and  who  would 
not  be  responsible  to  him  for  the  faithful  performance  of  his  duties. 

The  legislative  power  may  undoubtedly  bind  him  and  the  President, 
by  any  laws  they  may  think  proper  to  enact,  they  prescribe  in  what 
place  particular  portions  of  the  public  money  shall  be  kept,  and  for  what 
reason  it  shall  be  removed,  as  they  may  direct  that  supplies  for  the  army 
and  navy  shall  be  kept  in  particular  stores,  and  it  will  be  the  duty  of  the 
President  to  see  that  the  law  is  faithfully  executed— yet  will  the  custody 
remain  in  the  executive  department  of  the  government.  Were  the  Con- 
gress to  assume,  with  or  without  a  legislative  act,  the  power  of  appointing 
officers  independently  of  the  President,  to  take  the  charge  and  custody 
of  the  public  property  contained  in  the  military  and  naval  arsenals,  ma- 
gazines, and  storehouses,  it  is  believed  that  such  an  act  would  be  regarded 
by  all  as  a  palpable  usurpation  of  executive  power,  subversive  of  the 
form  as  well  as  the  fundamental  principles  of  our  government.  But 
where  is  the  difference  in  principle,  whether  the  public  property  be  in 
the  form  of  arms,  munitions  of  war,  and  supplies,  or  in  gold  and  silver, 
or  bank  notes.^  None  can  be  perceived,  none  is  believed  to  exist.  Con- 
34 


262  [April, 

gress  cannot,  therefore,  take  out  of  the  hands  of  the  executive  depart- 
ment, the  custody  of  the  public  property  or  money,  without  an  assump- 
tion of  executive  power,  and  a  subversion  of  the  first  principles  of  the 
Constitution. 

The  Congress  of  the  United  States  have  never  passed  an  act  impera- 
tively directing  that  the  public  moneys  shall  be  kept  in  any  particular 
place  or  places.  From  the  origin  of  the  government  to  the  year  1816, 
the  statute  book  was  wholly  silent  on  the  subject.  In  1789  a  Treasurer 
was  created,  subordinate  to  the  Secretary  of  the  Treasury,  and  through 
him  to  the  President.  He  was  required  to  give  bond,  safely  to  keep,  and 
faithfully  to  disburse  the  public  moneys,  without  any  direction  as  to  the 
manner  or  places  in  w'hich  they  should  be  kept.  By  reference  to  the 
practice  of  the  government,  it  is  found,  that  from  its  first  organization, 
the  Secretary  of  the  Treasury,  acting  under  the  supervision  of  the  Presi- 
dent, designated  the  places  in  which  the  public  moneys  should  be  kept, 
and  specially  directed  all  transfers  from  place  to  place.  This  practice 
was  continued,  with  the  silent  acquiescence  of  Congress,  from  1789  down 
to  1816;  and  although  many  banks  were  selected  and  discharged,  and 
although  a  portion  of  the  moneys  were  placed  in  the  State  Banks,  and 
then  in  the  former  Bank  of  the  United  States,  and  upon  the  dissolution  of 
that,  were  again  transferred  to  the  State  Banks,  no  legislation  was  thought 
necessary  by  Congress,  and  all  the  operations  were  originated  and  per- 
fected by  executive  authority.  The  Secretary  of  the  Treasury,  respon- 
sible to  the  President,  and  with  his  approbation,  made  contracts  and  ar- 
rangements in  relation  to  the  whole  subject  matter,  which  was  thus  en- 
tirely committed  to  the  direction  of  the  President,  under  his  responsi- 
bilities to  the  American  People,  and  to  those  who  were  authorized  to 
impeach  and  punish  him  for  any  breach  of  this  important  trust. 

The  act  of  1816,  establishing  the  Bank  of  the  United  States,  directed 
the  deposites  of  public  money  to  be  made  in  that  bank  and  its  branches, 
in  places  in  which  the  said  bank  and  branches  thereof  may  be  establish- 
ed, "unless  the  Secretary  of  the  Treasury  should  otherwise  order  and 
direct,"  in  which  event,  he  was  required  to  give  his  reasons  to  Congress. 
This  was  a  continuation  of  his  pre-existing  powers  as  the  head  of  an  ex- 
ecutive department,  to  direct  where  the  deposites  should  be  made,  with 
the  superadded  obligation  of  giving  his  reasons  to  Congress  for  making 
them  elsewhere  than  in  the  Bank  of  the  United  States  and  its  branches. 
It  is  not  to  be  considered  that  this  provision  in  any  degree  altered  the 
relation  between  the  Secretary  of  the  Treasury  and  the  President,  as 
the  responsible  head  of  the  executive  department,  or  released  the  latter 
from  his  constitutional  obligation  to  take  care  that  the  laws  be  faithfully 
executed.  On  the  contrary  it  increased  his  responsibilities,  by  adding 
another  to  the  long  list  of  laws  which  it  was  his  duty  to  carry  into 
effect. 

It  would  be  an  extraordinary  result,  if,  because  the  person  charged 
by  law  with  a  public  duty,  is  one  of  the  Secretaries,  it  were  less  the 
duty  of  the  President  to  see  that  law  faithfully  executed,  than  other 
laws  enjoining  duties  upon  subordinate  officers  or  private  citizens.  If 
ih%T%  be  any  difference,  it  would  seem  that  the  obligation  is  the  stronger 


1834.]  263 

in  relation  to  the  former,  because  the  neglect  is  in  his  presence,  and  the 
remedy  at  hand. 

It  cannot   be  doubted    that  it  was  the  legal  duty  of  the  Secretary  of 
the  Treasury  to  order  and  direct  the   deposites  of  the  public  money  to 
be  made  elsewhere  than  in  the  Bank  of  the  United  States,  whenever  sujfici- 
ent  reasons  existed  for  making  tlie  change.     If,  in  such  a  case,  he  neglec- 
ted or  refused  to   act,  he  would  neglect   or  refuse   to  execute   the  law. 
What  would  then  be  the  sworn   duty  of  the  President?     Could  he  say 
that  the  Constitution  did  not  bind  him  to  see  the  law  faithfully  executed 
because  it  was  one  of  his  secretaries,  and  not  himself  upon  whom  the 
service  was  specially  imposed?     Might  he  not  be  asked  whether  there 
was  any  such  limitaiion  to  his  obligations  prescribed  in  the  Constitution? 
Whether  he  is  not  equally  bound  to  take  care  that  the  laws  be  faithfully 
executed,  whether  they  impose  duties  on  the  highest  officer  of  State,  or 
the  lowest  subordinate  in  any  of  the  departments?     Might  he  not  be  told 
that  it  was  for  the  sole  purpose  of  causing  all  executive  officers,  from 
the  highest  to  tlie  lowest,  faithfully  to  perform  the  services  required  of 
them  by  law,  that  the  people  of  the  United  States  have  made  him  their 
chief  magistrate,  and   the  Constitution   has  clothed  him  with  the  entire 
executive  power  of  this  government?     The  principles  implied  in  these 
questions  appear  too  plain  to  need  elucidation. 

But  here,  also,  we  have  a  cotemporaneous  contruction  of  the  act,  which 
shows  that  it  was  not  understood  as  in  any  way  changing  the  relations 
between  the  President  and  Secretary  of  the  Treasury;  or  as  placing  the 
latter  out  of  executive  control,  even  in  relation  to  the  deposites  of  the 
public  money.  JSor  on  this  point  are  we  left  to  any  equivocal  testimo- 
ny. The  documents  of  the  Treasury  department  show  that  the  Secre- 
tary of  the  Treasury  did  apply  to  the  President,  and  obtain  his  appro- 
bation and  sanction  to  the  original  transfer  of  the  public  deposites  to  the 
present  Bank  of  the  United  States,  and  did  carry  the  measure  into  effect 
in  obedience  to  his  decision.  They  also  show  that  transfers  of  the  public 
deposites  from  the  branches  of  the  Bank  of  the  U.  States,  to  state  banks 
at  Chillicothe,  Cincinnati  and  Louisville,  in  1819,  were  made  with  tl>e 
approbation  of  the  President,  and  by  his  authority.  They  show  that 
upon  all  important  questions  appertaining  to  his  department,  whether 
they  related  to  the  public  deposites  or  other  matters,  it  was  the  constant 
practice  of  the  Secretary  of  the  Treasury  to  obtain  for  his  acts  the  ap- 
proval and  sanction  of  tlie  President.  These  acts  and  the  principles  on 
which  they  were  founded,  were  known  to  all  the  departments  of  the 
government,  to  Congress,  and  the  country;  and  until  very  recently,  ap- 
pear never  to  have  been  called  in  question. 

Thus  was  it  settled  by  the  Constitution,  the  laws,  and  the  whole  prac- 
tice of  the  Government,  that  the  entire  executive  power  is  vested  in  the 
President  of  the  United  States,  that  as  incident  to  that  power,  the  right 
of  appointing  and  removing  those  officers  w,ho  are  to  aid  him  in  the  ex- 
ecution of  the  laws,  with  such  restrictions  only  as  the  Constitution  pre- 
scribes, is  vested  in  the  President;  that  the  Secretary  of  the  Treasury  is 
one  of  those  officers;  that  tlie  custody  of  the  public  property  and  money 
is  an  executive  function,  which,  in  relation  to  the  money  has  always 


264  [April, 

been  exercised  through  the  Secretary  of  the  Treasury  and  his  subordi- 
nates; that  in  the  performance  of  these  duties,  he  is  subject  to  the  supervi- 
sion and  conn  ol  of  the  President,  and  in  all  important  measures  having 
relation  to  them,  consults  the  chief  magistrate,  and  obtains  his  approval 
and  sanction;  that  the  law  establishing  the  bank  did  not,  as  it  could  not, 
change  the  relation  between  the  President  and  the  Secretary,  did  not  re- 
lease the  former  from  his  obligation  to  see  the  law  faithfully  executed, 
nor  the  latter  from  the  President's  supervision  and  control;  that  after- 
wards, and  before,  the  Secretary  did  in  fact  consult,  and  obtain  the  sanc- 
tion of,  the  President,  to  transfers  and  removals  of  the  public  deposites; 
and  that  all  departments  of  the  Government,  and  the  nation  itselt,  appro- 
ved, or  acquiesced  in  these  acts  and  principles,  as  in  strict  conformity 
with  our  Constitution  and  laws. 

During  the  last  year,  the  approaching  termination,  according  to  the 
provisions  of  its  charter,  and  the  solemn  decision  of  the  American  peo- 
ple, of  the  Bank  of  the  United  States,  made  it  expedient,  and  its  expos- 
ed abuses  and  corruptions  made  it,  in  my  opinion,  the  duty  of  the  Sec- 
retary of  the  Treasury,  to  place  the  moneys  of  the  United  States  in  other 
depositories.  The  Secretary  did  not  concur  in  that  opinion,  and  declined 
giving  the  necessaiy  order  and  direction.  So  glaring  were  the  abuses 
and  corruptions  of  the  Bank,  so  evident  its  fixed  purpose  to  persevere  in 
them,  and  so  palpable  its  design,  by  its  money  and  power,  to  control  the 
Government  and  change  its  character,  that  I  deemed  it  the  imperative 
duty  of  the  executive  authority,  by  the  exertion  of  every  power  confided 
to  it  by  the  Constitution  and  laws,  to  check  its  career,  and  lessen  its 
ability  to  do  mischief,  even  in  the  painful  alternative  of  dismissing  the 
head  of  one  of  the  departments.  At  the  time  the  removal  was  made, 
other  causes  sufficient  to  justify  it  existed;  but  if  they  had  not,  the  Secre- 
tary would  have  been  dismissed  for  this  cause  only. 

His  place  I  supplied  by  one  whose  opinions  were  well  known  to  me, 
and  whose  frank  expression  of  them,  in  another  situation,  and  whose  gen- 
erous sacrifices  of  interest  and  feeling,  when  unexpectedly  called  to  the 
station  he  now  occupies,  ought  forever  to  have  siiielded  his  motives  from 
suspicion,  and  his  character  from  reproach.  In  accordance  with  the 
opinions  long  before  expressed  by  him,  he  proceeded,  with  my  sanction, 
to  make  arrangements  for  depositing  the  moneys  of  the  United  States  in 
other  safe  institutions. 

The  resolution  of  the  Senate,  as  originally  framed,  and  as  passed,  if  it 
refers  to  these  acts,  pre-supposes  a  right  in  that  body  to  interfere  with 
this  exercise  of  executive  power.  If  the  principle  be  once  admitted  it 
is  not  difficult  to  perceive  where  it  may  end.  If,  by  a  mere  denunciation 
like  this  resolution,  the  President  should  ever  be  induced  to  act,  in  a 
matter  of  official  duty,  contrary  to  the  honest  convictions  of  his  own 
mind,  in  compliance  with  the  wishes  of  the  Senate,  the  constitutional  in- 
dependence of  the  executive  department  would  be  as  efiectually  des- 
troyed, and  its  power  as  effectually  transferred  to  the  Senate,  as  if  that 
end  had  been  accomplished  by  an  amendment  of  the  Constitution.  But 
if  the  Senate  have  a  right  to  "interfere  with  the  executive  powers,  they 
have  also  the  right  to  make  that  interference  effective;  and  if  the  asser- 


1834.]  265 

tion  of  the  power  implied  in  the  resolution  be  silently  acquiesced  we 
may  reasonably   apprehend  that  it  will  be  followed,  at  some  future  day, 
by  an  attempt  at  actual  enforcement.     The  Senate  may  refuse  except  on 
the  condition  that  he  will  surrender  his  opinions  to  theirs  and  obey  their 
will,  to  perform  their  own  constitutional  functions;  to  pass  the  necessary 
laws;  to  sanction  appropriations  proposed  by  the   House  of  Representa- 
tives, and  to  confirm  proper  nominations  made  by  the  President.     It  has 
already  been  maintained  (and  it  is  not  conceiveable  that  tlie  resolution  of 
the  Senate  can  be  based  on  any  other  principle)  that  the   Secretary  of 
the  Treasury  is  the  officer  of  Congress,  and  independent  of  the  President; 
that  the  President  has  no  right  to  control  him,  and  consequently  none  to 
remove  him.     With  the  same  propriety,  and  on  similar  grounds  may  the 
Secretary  of  State,  the  Secretaries  of  War,  and  the  Navy,  and  the  Post- 
master General,  each  in  succession,  be  declared  independent  of  the  Presi- 
dent; the  subordinates  of  Congress  and  removable  only  with  the  concur- 
rence of  the  Senate.     Followed  to  its  consequences,  this  principle  will 
be  found  effectually  tod  istroy  one  co-ordinate  department  of  the  Govern- 
ment, to  concentrate  in  the  hands  of  the  Senate  the  whole  executive  pow- 
er, and  to  leave  the  President  as  powerless  as  he  would  be  useless — the 
shadow  of  authority,  after  the  substance  had  departed. 

The  time  and  the  occasion  which  have  called  forth  the  resolution  of 
the  Senate,  seem  to  impose  upon  me  an  additional  obligation  not  to  pass 
it  over  in  silence.  Nearly  forty  five  years  had  the  President  exercised, 
without  a  question  as  to  his  rightful  authority,  those  powers  for  the  re- 
cent assumption  of  which  he  is  now  denounced.  The  vicissitudes  of 
peace  and  war  had  attended  our  Government;  violent  parties,  watchful  to 
take  advantage  of  any  seeming  usurpation  on  the  part  of  the  Executive, 
had  distracted  our  counsels;  frequent  removals,  or  forced  resignations,  in 
every  sense  tantamount  to  removals,  had  been  made  of  the  Secretary  and 
other  officers  of  the  Treasury;  and  yet,  in  no  one  instance  is  it  known, 
that  any  man,  whether  patriot  or  partisan,  had  raised  his  voice  against 
it  as  a  violation  of  the  Constitution.  The  expediency  and  justice  of  such 
changes,  in  reference  to  public  officers  of  all  grades,  have  frequently  been 
the  topics  of  discussion,  but  the  constitutional  right  of  the  President  to 
appoint,  control,  and  remove  the  head  of  the  Treasury,  as  well  as  all 
other  departments,  seem  to  have  been  universally  conceded.  And  what 
is  the  occasion  upon  which  other  principles  have  been  first  officially  as- 
serted.^ The  Bank  of  the  United  States,  a  great  moneyed  monopoly,  had 
attempted  to  obtain  a  renewal  of  its  charter,  by  controlling  the  elections 
of  the  people  and  the  action  of  the  government.  The  use  of  its  corpo- 
ration funds  and  power  in  that  attempt,  was  fully  disclosed;  and  it  was 
made  known  to  the  President  that  the  corporation  was  putting  the  same 
course  of  measures,  with  the  view  of  making  another  vigorous  effort, 
through  an  interference  in  the  elections  of  the  people  to  control  public 
opinion  and  force  the  government  to  yield  to  its  demands. 

This,  with  its  corruption  of  the  press,  its  violation  of  its  charter,  its 
exclusion  of  the  government  directors  from  its  proceedings,  its  neglect  of 
duty,  and  arrogant  pretensions,  made  it,  in  the  opinion  of  the  President, 
incompatible  with  the  public  interest  and  safety  of  our  institutions,  that 


266  [April, 

it  should  be  longer  employed  as  the  fiscal  agent  of  the  Treasury.  A 
Secretary  of  the  Treasury,  appointed  in  the  recess  of  the  Senate,  who 
had  not  been  confirmed  by  that  body,  and  whom  the  President  might  or 
might  not  at  his  pleasure  nominate  to  them,  refused  to  do  what  his  sup- 
erior in  the  executive  department  considered  the  most  imperative  of  his 
duties,  and  became  in  fact,  however  innocent  his  motives,  the  protector 
of  the  bank.  And  on  this  occasion  it  is  discovered  for  the  first  time, 
that  those  who  framed  the  Constitution  misunderstood  it;  that  the  first 
Congress  and  all  its  successors  have  been  under  a  delusion,  that  the 
practice  of  near  forty  five  years,  is  but  a  continued  usurpation:  that  the 
Secretary  of  the  Treasury  is  not  responsible  to  the  President;  and  that 
to  remove  him  is  a  violation  of  the  Constitution  and  laws,  for  which  the 
President  deserves  to  stand  forever  dishonoured  on  the  joarnals  of  the 
Senate. 

There  are  also  some  other  circumstances  connected  with  the  discus- 
sion and  passage  of  the  resolution,  to  which  I  feel  it  to  be,  not  only  my 
right,  but  my  duty,  to  refer.  It  appears  by  the  journal  of  the  Senate,  that 
among  the  twenty  six  Senators  who  voted  for  the  resolution  on  its  final 
passage,  and  who  had  supported  it  in  achate,  in  its  original  form,  were 
one  of  the  Senators  from  the  State  of  Maine,  the  two  Senators  from  New 
Jersey,  and  one  of  the  Senators  from  Ohio.  It  also  appears  by  the  same 
journal,  and  by  the  files  of  the  Senate,  that  the  legislatures  of  these  States 
had  severally  expressed  their  opinions  in  respect  in  the  executive  pro- 
ceedings drawn  in  question  before  the  Senate. 

The  two  branches  of  the  legislature  of  the  State  of  Maine,  on  the  25th 
of  January,  1834,  passed  a  preamble  and  series  of  resolutions  in  the  fol- 
lowing words: 

"Whereas,  at  an  early  period  after  the  election  of  Andrew  Jackson 
to  the  presidency,  in  accordance  with  the  sentiments  which  he  had  uni- 
formly expressed,  the  attention  of  Congress  was  called  to  the  constitu- 
tionality and  expediency  of  the  renewal  of  the  charter  of  the  United 
States  Bank:  And  whereas,  the  bank  has  transcended  its  chartered 
limits  in  the  management  of  its  business  transactions,  and  has  abandoned 
the  object  of  its  creation,  by  engaging  in  political  controversies,  by 
wielding  its  power  and  influence  to  embarrass  the  administration  of  the 
general  Government,  and  by  bringing  insolvency  and  distress  upon  the 
commercial  community:  And  whereas,  the  public  security  from  such  an 
institution  consists  less  in  its  present  pecuniary  capacity  to  discharge  its 
liabilities  than  in  the  fidelity  with  which  the  trusts  reposed  in  it  have  been 
executed:  And  whereas,  the  abuse  and  misapplication,  of  the  powers 
conferred  have  destroyed  the  confidence  of  the  public  in  the  ofiicers  of 
the  bank,  and  demonstrated  that  such  powers  endanger  the  stability  of 
republican  institutions:  Therefore,  resolved,  that  in  the  removal  of  the 
public  deposites  from  the  Bank  of  the  United  States,  as  well  as  in  the 
manner  of  their  removal,  we  recognize  in  the  administration  an  adherence 
to  constitutional  rights,  and  the  performance  of  a  public  duty. 

"Resolved,  That  this  legislature  entertain  in  the  same  opinion  as  here- 
tofore expressed  by  precedings  legislatures  of  this  State,  that  the  bank 
of  the  United  States  ought  not  to  be  rechartered. 


1834.]  267 

"Resolved,  That  the  Senators  of  this  State  in  the  Congress  of  the  Unit- 
ed States  be  instructed,  and  the  representatives  be  requested,  to  oppose 
the  restoration  of  the  deposites  and  the  renewal  of  the  charter  of  the 
United  States  Bank." 

On  the  1 1th  of  January,  1 834,  the  house  of  assembly  and  council  com- 
posing the  legislature  of  the  State  of  New  Jersey,  passed  a  preamble 
and  a  series  of  resolutions  in  the  following  words: 

"Whereas  the  present  crisis  in  our  public  affairs  calls  for  a  decided 
expression  of  the  voice  of  the  people  of  this  State:  and  whereas  we  con- 
sider it  the  undoubted  right  of  the  legislature  of  the  several  States  to 
instruct  those  who  represent  their  interests  in  the  councils  of  the  nation, 
in  all  matters  which  intimately  concern  the  public  weal,  and  may  affect 
the  happiness  or  well  being  of  the  people,  therefore:" 

"1.  Be  it  resolved  by  the  council  and  general  assembly  of  this  State, 
that  while  we  acknowledge  with  feelings  of  devout  gratitude  our  obliga- 
tions to  the  great  ruler  of  nations  for  his  mercies  to  us  as  a  people,  that 
we  have  been  preserved  alike  from  foreign  war,  from  the  evils  of  inter- 
nal commotions,  and  the  machinations  of  designing  and  ambitious  men 
who  would  prostrate  the  fair  fabric  of  our  Union;  that  we  ought,  never- 
theless, to  humble  ourselves  in  his  presence  and  implore  his  aid  for  the 
perpetuation  of  our  republican  institutions,  and  for  a  continuance  of  that 
unexampled  prosperity  which  our  country  has  hitherto  enjoyed. 

"2.  Resolved,  That  we  have  undiminished  confidence  in  the  integrity 
and  firmness  of  the  venerable  patriot,  who  now  holds  the  distinguished 
post  of  chief  magistrate  of  this  nation,  and  whose  purity  of  purpose  and 
elevated  motives  have  so  often  received  the  unqualified  approbation  of  a 
large  majority  of  his  fellow-citizens. 

"3.  Resolved,  That  we  view  with  agitation  and  alarm  the  existence  of 
a  great  moneyed  incorporation,  which  threatens  to  embarrass  the  opera- 
tions of  the  Government,  and  by  means  of  its  unbounded  influence  upon 
the  currency  of  the  country,  to  scatter  distress  and  ruin  throughout  the 
community;  and,  that  we,  therefore,  solemnly  believe  the  present  Bank 
of  the  United  States  ought  not  to  be  rechartered. 

"4.  Resolved,  That  our  Senators  in  Congress  be  instructed,  and  our 
members  of  the  House  of  Representatives  be  requested  to  sustain,  by 
their  votes  and  influence,  the  course  adopted  by  the  Secretary  of  the 
Treasury,  Mr.  Taney,  in  relation  to  the  Bank  of  the  United  States  and 
the  deposites  of  the  Government  moneys,  believing  as  we  do,  the  course 
of  the  Secretary  to  have  been  constitutional,  and  that  the  public  good 
required  its  adoption. 

"5.  Resolved,  That  the  Governor  be  requested  to  forward  a  copy  of 
the  above  resolutions  to  each  of  our  Senators  and  Representatives  from 
this  Stale,  in  the  Congress  of  the  United  States." 

On  the  21st  day  of  February  last,  the  legislature  of  the  same  State, 
reiterated  the  opmions  and  instructions  before  given,  by  joint  resolutions, 
in  the  following  words: — 

"Resolved  by  the  Council  and  General  Assembly  of  the  State  of  New 
Jersey,  that  they  do  adhere  to  the  resolutions  passed  by  them  on  the 
11th  day  of  January  last,  relative  to  the  President  of  the  United  States, 


268  [April, 

the  Bank  of  the  United  States,  and  the  course  of  INIr.  Taney  in  removing 
the  Governmenl  deposites." 

"Resolved,  That  the  legislature  of  New  Jersey  have  not  seen  any 
reason  to  c'epart  from  such  resolutions  since  the  passage  thereof:  and  it 
is  their  wish  that  they  should  receive  from  our  Senators  and  Representa- 
tives of  this  state  in  the  Congress  of  the  United  vStates,  that  attention  and 
obedience  which  are  due  to  the  opinion  of  a  sovereign  State,  openly  ex- 
pressed in  its  leu-islative  capacity." 

On  the  2d  of  January,  1834,  the  Senate  and  house  of  representatives 
composing  the  legislature  ol  Ohio  passed  a  preamble  and  resolutions  in 
the  following  words: 

"Whereas  there  is  reason  to  believe  that  the  Bank  of  the  United 
States  will  attempt  to  obtain  a  renewal  of  its  charter  at  the  present  ses- 
sion of  Congress:  And  whereas  it  is  abundantly  evident  that  said  bank 
has  exercised  powers  derogatory  to  the  spirit  of  our  free  institutions  and 
dangerous  to  the  liberties  of  these  United  States:  and  uhereas,  there  is 
just  reason  to  doubt  the  constitutional  power  of  Congress  to  grant  acts 
of  incorporation  for  banking  purposes  out  of  the  District  of  Columbia: 
and  whereas,  we  believe  the  proper  disposal  of  the  public  lands  to  be  of 
the  utmost  importance  to  the  people  of  these  United  States,  and  that 
honor  and  good  faith  require  their  equitable  distribution:  Therefore 

"Resolved  by  the  general  assembly  of  this  State  of  Ohio,  that  we  con- 
sider the  removal  of  the  public  deposites  from  the  Bank  of  the  United 
States  as  required  by  the  best  interests  of  our  country,  and  that  a  pro- 
per sense  of  public  duty  imperiously  demanded  that  institution  should  be 
no  longer  used  as  a  depository  of  the  public  funds." 

"Resolved,  also,  That  we  view,  with  decided  disapprobation,  the 
renewed  attempts  in  Congress  to  secure  the  passage  of  the  bill  providing 
for  the  disposal  of  the  public  domain  upon  the  principles  proposed  by 
Mr.  Clay,  in  as  much  as  we  believe  that  such  a  law  would  be  unequal 
in  its  operations,  and  unjust  in  its  results." 

"Resolved,  also,  that  we  heartily  approve  of  the  principles  set  forth 
in  the  late  veto  message  upon  that  subject,  and" 

"Resolved,  That  our  Senators  in  Congress  be  instructed,  and  our 
representatives  requested,  to  use  their  influence  to  prevent  the  rechar- 
tering  of  the  Bank  of  the  United  States*,  to  sustain  the  administration  in 
its  removal  of  the  public  deposites;  and  to  oppose  the  passage  of  a  land 
bill  containing  the  principles  adopted  in  the  act  upon  that  subject,  passed 
at  the  last  session  of  Congress." 

"Resolved,  That  the  governor  be  requested  to  transmit  copies  of  the 
foregoing  preamble  and  resolutions  to  each  of  our  Senators  and  represen- 
tatives." 

It  is  thus  seen  that  four  Senators  have  declared  by  their  votes  that  the 
President,  in  the  late  executive  proceedings  in  relation  to  the  revenue, 
had  been  guilty  of  the  impeachable  offence  of  "assuming  upon  himself 
authority  and  power  not  conferred  by  the  Constitution  and  laws,  but  in 
derogation  of  both,"  whilst  the  legislatures  ofjj(Jieir  respective  States  had 
deliberately  approved  those  very  proceedings,  as  consistent  with  the 
Constitution,  and  demanded  by  the  public  good.     If  these  four  votes  had 


1834.]  269 

been  given  in  accordance  with  the  sentiments  of  the  legislatures,  as  above 
expressed,  there  would  have  been  but  twenty-two  votes  out  of  forty-six 
for  censuring  the  President,  and  the  unprecedented  record  of  his  convic- 
tion could  not  have  been  placed  upon  the  journals  of  the  Senate. 

In  thus  referring  to  the  resolutions  and  instructions  of  the  State  legis- 
latures, I  disclaim  and  repudiate  all  authority  or  design  to  interfere  with 
the  responsibility  due  from  members  of  the  Senate  to  their  own  con- 
sciences, their  constituents,  and  their  country.  The  facts  now  stated 
belong  to  the  history  oi  these  proceedings,  and  are  important  to  the  just 
developement  of  the  principles  and  interests  involved  in  them,  as  well  a^ 
to  the  proper  vindication  of  the  executive  department;  and  with  that 
view,  and  that  view  only,  are  they  here  made  the  topic  of  remai^k.^ 

The  dangerous  tendency  of  the  doctrine  which  denies  to  the  President 
the  power  of  supervising,   directing,  and  removing  the  Secretary  of  the 
Treasury,  in  like  manner  with  the   other  executive  officers,  would  soon 
be  manifest  in  practice,  were  the  doctrine  to  be  established.     The  Presi- 
dent is  the  direct  representative  of  the  American  people,  but  the  Secre- 
taries are  not.     If  the  Secretary  of  the  Treasury  be  independent  of  the 
President  in  the  execution  of  the  laws,  then   is  there  no  direct  responsi- 
bility to  the  people  in  that  important  branch  of  this  government,  to  which 
is  committed  the  care  of  the  national  finances.     And  it  is  in  the  power 
of  the  Bank  of  the  United  States,  or  any  other  corporation,  body  of  men, 
or  individuals,  if  a  Secretary  shall  be  found  to  accord  with  them  in  opin- 
ion, or  can  be   induced  in  practice  to   promote  their  views,  to   control, 
through  him,  the  whole  action  of  the  government,  (so  far  as  it  is  exer- 
cised by  his  department,)  in  defiance  of  the  chief  magistrate  elected  by 
the  people  and  responsible  to  them. 

But  the  evil  tendency  of  the  particular  doctrine  adverted  to,  though 
sufficiently  serious,  would  be  as  nothing  in  comparison  with  the  perni- 
cious consequences  which  would  inevitably  flow  from  the  approbation 
and  allowance  by  the  people,  and  the  practice  by  the  Senate,  of  the  un- 
constitutional power  of  arraigning  and  censuring  the  olficial  conduct  of 
the  executive,  in  the  manner  recently  pursued.  Such  proceedings  are 
eminently  calculated  to  unsettle  the  foundations  of  the  government;  to 
disturb  the  harmonious  action  of  its  different  departments;  and  to  break 
down  the  checks  and  balances  by  which  the  wisdom  of  its  framers  sought 
to  ensure  its  stability  and  usefulness. 

The  honest  diffi^rences  of  opinion  w^hich  occasionally  exist  between 
the  Senate  and  the  President,  in  regard  to  matters  in  which  both  are  ob- 
liged to  participate,  are  sufficiently  embarrassing.  But  if  the  course 
recently  adopted  by  the  Senate  shall  hereafter  be  frequently  pursued,  it 
is  not  only  obvious  that  the  harmony  of  the  relations  between  the  Presi- 
dent and  the  Senate  will  be  destroyed,  but  that  other  and  graver  eftects 
will  ultimately  ensue.  If  the  censures  of  the  Senate  be  submitted  to  by 
the  President,  the  confidence  of  the  people  in  his  ability  and  virtue,  and 
the  character  and  usefulness  of  his  administration,  will  soon'be  at  an  end, 
and  the  real  power  of  the  government  will  fall  into  the  hands  of  a  body, 
holding  their  offices  for  long  terms,  not  elected  by  the  people,  and  not 
35 


270  [April, 

to  them  directly  responsible.  If,  on  the  other  hand,  the  illegal  censures 
of  the  Senate  should  be  resisted  by  the  President,  collisions  and  angry 
controversies  mio:!it  ensue,  discreditable  in  their  progress,  and  in  the  end 
compelling  the  People  to  adopt  the  conclusion,  either  that  their  Chief 
Magi^f''^'e  was  unworthy  ot  their  respect,  or  that  the  Senate  was 
chargeable  with  calumny  and  injustice.  Either  of  these  results  would 
impair  public  confidence  in  the  perfection  of  the  system,  and  lead  to  seri- 
ous alterations  of  its  frame  w^ork,  or  to  the  practical  abandonment  of  some 
of  its  provisions. 

The  influence  of  such  proceedings  on  the  other  department  of  the 
government,  and  more  especially  on  the  States,  could  not  fail  to  be  ex- 
tensively pernicious,  when  the  judges  in  the  last  resort  of  official  mis- 
conduct, themselves  overleap  the  bounds  of  their  authority,  as  prescribed 
by  the  Constitution,  wdiat  general  disregard  of  its  provisions  might  not 
their  example  be  expected  to  produce.''  And  who  does  not  perceive  that 
such  contempt  of  the  Federal  Constitution,  by  one  of  its  most  important 
departments,  would  hold  out  the  strongest  temptation  to  resistance  on 
the  part  of  the  State  sovereignties,  whenever  they  shall  suppose  their 
just  rights  to  have  been  invaded.^  Thus  all  the  independent  departments 
of  the  government,  and  the  States  which  compose  our  confederated  union, 
instead  of  attending  to  their  appropriate  duties,  and  leaving  those  who 
may  offend,  to  be  reclaimed  or  punished  in  the  manner  pointed  out  in 
the  Constitution,  would  fall  to  mutual  crimination  and  recrimination,  and 
give  to  the  people,  confusion  and  anarchy,  instead  of  order  and  law;  un- 
til at  length  some  form  of  aristocratic  power  would  be  established  on  the 
ruins  of  the  Constitution,  or  the  States  be  broken  into  separate  communi- 
ties. 

Far  be  it  from  me  to  charge,  or  to  insinuate,  that  the  present  Senate  of 
the  United  States  intend,  in  the  most  distant  way,  to  encourage  such  a 
result.  It  is  not  of  their  motives  or  designs,  but  only  of  the  tendency  of 
their  acts,  that  it  is  my  duty  to  speak.  It  is,  if  possible,  to  make  Sena- 
tors themselves  sensible  of  the  danger  which  lurks  under  the  precedent 
set  in  their  resolution;  and  at  any  rate  to  perform  my  duty,  as  the  res- 
ponsible head  of  one  of  the  co-equal  departments  of  the  government,  that 
I  have  been  compelled  to  point  out  the  consequences  to  which  the  dis- 
cussion and  passage  of  the  resolution  may  lead,  if  the  tendency  of  the 
measure  be  not  checked  in  its  inception. 

It  is  due  to  the  high  trust  wnth  which  I  have  been  charged,  to  those 
who  may  be  called  to  succeed  me  in  it;  to  the  representatives  of  the  peo- 
ple, whose  constitutional  prerogative  has  been  unlawfully  assumed;  to 
the  people  and  to  the  States;  and  to  the  Constitution  they  have  establish- 
ed; that  I  should  not  permit  its  provisions  to  be  broken  down  by  such  an 
attack  on  the  executive  department,  without  at  least  some  effort  "to 
preserve,  protect,  and  defend"  them.  With  this  view,  and  for  the  reasons 
which  have  been  stated,  I  do  hereby  solemnly  protest  against  the  afore- 
mentioned proceedings  of  the  Senate,  as  unauthorized  by  the  Constitu- 
tion, contrary  to  its  spirit  and  several  of  its  express  provisions;  subver- 
sive of  that  distribution  of  the  powers  of  government  which  it  has  or- 
dained and  established;  destructive  of  the  checks  and  safe-guards  by 


1834.]  271 

which  those  powers  were  intended,  on  the  one  hand,  to  be  controlled, 
and  on  the  other  to  be  protected;  and  calculated  by  their  immediate  and 
collateral  effects,  by  their  character  and  tendency,  to  concentrate  in  the 
hands  of  a  body  not  directly  amenable  to  the  people,  a  degree  of  influ- 
ence and  power  dangerous  to  their  liberties,  and  fatal  to  the  Constitution 
of  their  choice. 

The  resolution  of  the  Senate  contains  an  imputation  upon  my  private 
as  well  as  upon  my  public  character;  and  as  it  must  stand  forever  on 
their  journals,  I  cannot  close  this  substitute  for  that  defence  which  I  have 
not  been  allowed  to  present  in  the  ordinary  form,  without  remarking, 
that  I  have  lived  in  vain,  if  it  be  necessary  to  enter  into  a  formal  vindi- 
dication  of  my  character  and  purposes  from  such  an  imputation.  In  vain 
do  I  bear  upon  my  person,  enduring  memorials  of  that  contest  in  which 
American  liberty  was  purchased — in  vain  have  I  since  periled  property, 
fame,  and  life,  in  defence  of  the  rights  and  privileges  so  dearly  bought — 
in  vain  am  I  now,  without  a  personal  aspiration,  or  the  hope  of  individual 
advantage,  encountering  responsibilities  and  dangers,  from  which,  by 
mere  inactivity  in  relation  to  a  single  point,  I  might  have  been  exempt — 
if  any  serious  doubts  can  be  entertained  as  to  the  purity  of  my  purposes 
and  motives.  If  I  had  been  ambitious,  I  should  have  sought  an  alliance 
with  that  powerful  institution,  which  even  now  aspires  to  no  divided 
empire.  If  I  had  been  venal,  I  should  have  sold  myself  to  its  designs — 
had  I  preferred  personal  comfort  and  official  ease  to  the  performance  of 
ray  arduous  duty,  I  should  have  ceased  to  molest  it.  In  the  history  of 
conquerors  and  usurpers,  never,  in  the  fire  of  youth,  nor  in  the  vigor  of 
manhood,  could  I  find  an  attraction  to  lure  me  from  the  path  of  duty;  and 
now,  I  shall  scarcely  find  an  inducement  to  commence  their  career  of 
ambition,  when  gray  hairs  and  a  decaying  frame,  instead  of  inviting  to 
toil  and  battle,  call  me  to  the  contemplation  of  other  worlds,  where  con- 
querors cease  to  be  honored,  and  usurpers  expiate  their  crimes.  The 
only  ambition  I  can  feel,  is  to  acquit  myself  to  him  to  whom  I  must  soon 
render  an  account  of  my  stewardship,  to  serve  my  fellow-men,  and  live 
respected  and  honored  in  the  history  of  my  country.  No:  the  ambition 
which  leads  me  on,  is  an  anxious  desire  and  a  fixed  determination,  to  re- 
turn to  the  people,  unimpaired,  the  sacred  trust  they  have  confided  to  my 
charge — to  heal  the  wounds  of  the  Constitution  and  preserve  it  from  fur- 
ther violation,  to  persuade  my  countrymen,  so  far  as  I  may,  that  it  is  not 
in  a  splendid  Government,  supported  by  powerful  monopolies  and  aris- 
tocratical  establishments,  that  they  will  find  happiness,  or  their  liberties 
protected;  but  in  a  plain  system — void  to  pomp,  protecting  all,  and  grant- 
ing favours  to  none — dispensing  its  blessings  like  the  dews  of  Heaven, 
unseen  and  unfelt,  save  in  the  freshness  and  beauty  they  contribute  to  pro- 
duce. It  is  such  a  Government  that  the  genius  of  our  people  requires — 
such  a  one  only  under  which  our  States  may  remain  for  ages  to  come, 
united,  prosperous  and  free.  If  the  Almighty  Being  who  has  hitherto 
sustained  and  protected  me,  will  but  vouchsafe  to  make  my  feeble  pow- 
ers instrumental  to  such  a  result,  I  shall  anticipate  with  pleasure  the 
place  to  be  assigned  me  in  the  history  of  my  country,  and  die  contented 


272  ''*''  [April, 

with  the  belief,  that  I  have  contributed,  in  some  small  degree,  to  increase 
the  value  and  prolong;  the  duration,  of  American  Liberty. 

To  the  end  tliat  the  resolution  of  the  [Senate  may  not  be  hereafter 
drawn  into  precedent,  with  the  authority  of  silent  acq^uiescence  on  the 
part  of  the  executive  depaitment,  and  to  the  end,  also,  that  my  motives 
and  views  in  the  executive  proceedings,  denounced  in  that  resolution, 
may  be  known  to  my  fellow-citizens,  to  the  world,  and  to  all  posterity, 
I  respectfully  request  that  this  Message  and  Protest  may  be  entered  at 
length  on  the  journals  of  the  Senate. 

ANDREW  JACKSON. 
^pril  15th,  1834. 


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